Common use of METHOD OF EXERCISE OF PURCHASE WARRANTS Clause in Contracts

METHOD OF EXERCISE OF PURCHASE WARRANTS. a. The holder of any Purchase Warrant may exercise the right conferred on such holder to acquire Common Shares by surrendering, after the Issue Date and prior to the Time of Expiry, to the Trustee the Warrant Certificate with a duly completed and executed exercise form, together with a wire transfer, certified cheque, money order or bank draft, in lawful money of Canada payable to or to the order of the Corporation for the Exercise Price for the Common Shares subscribed for. A Warrant Certificate with the duly completed and executed exercise form referred to in this subsection shall, together with the payment of the Exercise Price for the Common Shares subscribed for, be deemed to be surrendered only upon personal delivery thereof or, if sent by mail or other means of transmission, upon actual receipt thereof by, in each case, the Trustee. b. Any exercise form referred to in subsection 3.2(a) shall be signed by the Warrantholder or by the duly appointed legal representative thereof or a duly authorized attorney, with evidence of authority of any such legal representative or attorney attached thereto with such signature properly guaranteed, and shall specify: (i) the number of Common Shares which the holder wishes to acquire (being not more than those which the holder is entitled to acquire pursuant to the Warrant Certificate(s) surrendered); (ii) the person or persons in whose name or names such Common Shares are to be issued; (iii) the address or addresses of such person(s); and (iv) the number of Common Shares to be issued to each such person if more than one is so specified. If any of the Common Shares subscribed for are to be issued to a person or persons other than the Warrantholder, a transfer form must be completed by the current Warrantholder, and then each such person shall complete and deliver an exercise form in the form on the back of the Warrant Certificate and the Warrantholder shall pay to the Corporation or the Trustee on behalf of the Corporation, all applicable transfer or similar taxes and the Corporation shall not be required to issue or deliver certificates evidencing Common Shares unless or until such Warrantholder shall have paid to the Corporation, or the Trustee on behalf of the Corporation, the amount of such tax or shall have established to the satisfaction of the Corporation that such tax has been paid or that no tax is due. c. In connection with the exchange of Warrant Certificates and exercise of Purchase Warrants and in compliance with such other terms and conditions hereof as may be required, the Corporation has appointed the principal offices of the Trustee in Vancouver as the agency at which Warrant Certificates may be surrendered for exchange or at which Purchase Warrants may be exercised. The Corporation may from time to time designate alternate or additional places as the Warrant Agency subject to receiving the consent of the Trustee of any change of the Warrant Agency. d. The Trustee will only disburse monies to the Corporation according to this Indenture only to the extent that monies have been deposited with it.

Appears in 2 contracts

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

AutoNDA by SimpleDocs

METHOD OF EXERCISE OF PURCHASE WARRANTS. a. The holder of any Purchase Warrant may exercise the right conferred on such holder to acquire Common Shares by surrendering, after the Issue Date and prior to the Time of Expiry, to the Trustee the Warrant Certificate with a duly completed and executed exercise form, together with a wire transfer, certified cheque, money order or bank draft, in lawful money of Canada payable to or to the order of the Corporation for the Exercise Price for the Common Shares subscribed for. A Warrant Certificate with the duly completed and executed exercise form referred to in this subsection shall, together with the payment of the Exercise Price for the Common Shares subscribed for, be deemed to be surrendered only upon personal delivery thereof or, if sent by mail or other means of transmission, upon actual receipt thereof by, in each case, the Trustee. b. Any exercise form referred to in subsection 3.2(a) shall be signed by the Warrantholder or by the duly appointed legal representative thereof or a duly authorized attorney, with evidence of authority of any such legal representative or attorney attached thereto with such signature properly guaranteed, and shall specify: (i) the number of Common Shares which the holder wishes to acquire (being not more than those which the holder is entitled to acquire pursuant to the Warrant Certificate(s) surrendered); (ii) the person or persons in whose name or names such Common Shares are to be issued; (iii) the address or addresses of such person(s); and (iv) the number of Common Shares to be issued to each such person if more than one is so specified. If any of the Common Shares subscribed for are to be issued to a person or persons other than the Warrantholder, a transfer form must be completed by the current Warrantholder, and then each such person shall complete and deliver an exercise form in the form on the back of attached to the Warrant Certificate and the Warrantholder shall pay to the Corporation or the Trustee on behalf of the Corporation, all applicable transfer or similar taxes and the Corporation shall not be required to issue or deliver certificates evidencing Common Shares unless or until such Warrantholder shall have paid to the Corporation, or the Trustee on behalf of the Corporation, the amount of such tax or shall have established to the satisfaction of the Corporation that such tax has been paid or that no tax is due. c. In connection with the exchange of Warrant Certificates and exercise of Purchase Warrants and in compliance with such other terms and conditions hereof as may be required, the Corporation has appointed the principal offices of the Trustee in Vancouver as the agency at which Warrant Certificates may be surrendered for exchange or at which Purchase Warrants may be exercised. The Corporation may from time to time designate alternate or additional places as the Warrant Agency subject to receiving the consent of the Trustee of any change of the Warrant Agency. d. The Trustee will only disburse monies to the Corporation according to this Indenture only to the extent that monies have been deposited with it.

Appears in 1 contract

Samples: Warrant Indenture (Golden Star Resources LTD)

METHOD OF EXERCISE OF PURCHASE WARRANTS. a. (1) The holder of any Purchase Warrant may exercise the right conferred on such holder to acquire Common Shares by surrendering, after the Issue Date and prior to the Time of Expiry, to the Trustee Trustee, the Purchase Warrant Certificate with a duly completed and executed exercise form, together with a wire transfer, certified cheque, money order order, cash or bank draft, in lawful money of Canada the United States of America payable to or to the order of the Corporation Trustee at par in Calgary, Alberta, Canada, for the Exercise Price for the Common Shares subscribed for. A Purchase Warrant Certificate with the duly completed and executed exercise form referred to in this subsection shall, together with the payment of the Exercise Price for the Common Shares subscribed for, shall be deemed to be surrendered only upon personal delivery thereof or, if sent by mail or other means of transmission, upon actual receipt thereof byat, in each case, the Office of the Trustee. b. (2) Any exercise form referred to in subsection 3.2(aSection 4.1(1) shall be signed by the Warrantholder or by the duly appointed legal representative thereof or a duly authorized attorney, with evidence of authority of any such legal representative or attorney attached thereto thereto, and, if required by the exercise form, with such signature properly guaranteed, and shall specify: (ia) the number of Common Shares which the holder Warrantholder wishes to acquire (being not more than those which the holder is entitled to acquire pursuant to the Purchase Warrant Certificate(s) surrendered); (iib) the person or persons in whose name or names such Common Shares are to be issuedregistered; (iiic) the address or addresses of such person(s); and (ivd) the number of Common Shares to be issued to each such person if more than one is so specified. If any of the Common Shares subscribed for are to be issued to a person or persons other than the Warrantholder, a transfer form must be completed by the current Warrantholder, and then each such person shall also complete and deliver an exercise form in the form on attached to the back of the Purchase Warrant Certificate and the Warrantholder shall pay to the Corporation Company or the Trustee on behalf of the CorporationCompany, all applicable transfer or similar taxes and the Corporation Company shall not be required to issue or deliver certificates evidencing Common Shares unless or until such Warrantholder shall have paid to the CorporationCompany, or the Trustee on behalf of the CorporationCompany, the amount of such tax or shall have established to the satisfaction of the Corporation Company that such tax has been paid or that no tax is due. c. In connection with the exchange of Warrant Certificates and exercise of Purchase Warrants and in compliance with such other terms and conditions hereof as may be required, the Corporation has appointed the principal offices of the Trustee in Vancouver as the agency at which Warrant Certificates may be surrendered for exchange or at which Purchase Warrants may be exercised. The Corporation may from time to time designate alternate or additional places as the Warrant Agency subject to receiving the consent of the Trustee of any change of the Warrant Agency. d. The Trustee will only disburse monies to the Corporation according to this Indenture only to the extent that monies have been deposited with it.

Appears in 1 contract

Samples: Purchase Warrant Indenture (Seven Seas Petroleum Inc)

METHOD OF EXERCISE OF PURCHASE WARRANTS. a. The holder of any Purchase Warrant may exercise the right conferred on such holder to acquire Common Shares by surrendering, after the Issue Effective Date and prior to the Time of Expiry, to the Trustee Warrant Agency the Warrant Certificate with a duly completed and executed exercise form, together with a wire transfer, certified cheque, money order order, cash or bank draft, in lawful money of Canada payable to or to the order of the Corporation Trustee at par in the city where the Warrant Agency is located for the Exercise Price for the Common Shares subscribed for. A Warrant Certificate with the duly completed and executed exercise form referred to in this subsection shall, together with the payment of the Exercise Price for the Common Shares subscribed for, be deemed to be surrendered only upon personal delivery thereof or, if sent by mail or other means of transmission, upon actual receipt thereof byat, in each case, the TrusteeWarrant Agency. b. Any exercise form referred to in subsection 3.2(a) shall be signed by the Warrantholder or by the duly appointed legal representative thereof or a duly authorized attorney, with evidence of authority of any such legal representative or attorney attached thereto thereto, and, if required by the exercise form, with such signature properly guaranteed, and shall specify: (i) i. the number of Common Shares which the holder wishes to acquire (being not more than those which the holder is entitled to acquire pursuant to the Warrant Certificate(s) surrendered); (ii) . the person or persons in whose name or names such Common Shares are to be issued; (iii) . the address or addresses of such person(s); and (iv) . the number of Common Shares to be issued to each such person if more than one is so specified. If any of the Common Shares subscribed for are to be issued to a person or persons other than the Warrantholder, a transfer form must be completed by the current Warrantholder, and then each such person shall also complete and deliver an exercise form in the form on the back of attached to the Warrant Certificate and the Warrantholder shall pay to the Corporation or the Trustee Warrant Agency on behalf of the Corporation, all applicable transfer or similar taxes and the Corporation shall not be required to issue or deliver certificates evidencing Common Shares unless or until such Warrantholder shall have paid to the Corporation, or the Trustee Warrant Agency on behalf of the Corporation, the amount of such tax or shall have established to the satisfaction of the Corporation that such tax has been paid or that no tax is due. c. In connection with the exercise of Purchase Warrants by any U.S. Person or person in the United States that was not the original subscriber for the Special Warrants or transferee of Warrants in accordance with section 2.10.b, the Corporation may, in its sole discretion, require that such Warrantholder deliver in connection with such exercise an opinion of counsel addressed to the Corporation and the Trustee in form and substance satisfactory to the Corporation, that no violation of the registration provisions of the U.S. Securities Act or the securities laws of any state would result from the exercise of the Purchase Warrants by such U.S. Person. d. In connection with the exchange of Warrant Certificates and exercise of Purchase Warrants and in compliance with such other terms and conditions hereof as may be required, the Corporation has appointed the principal offices of the Trustee in Calgary and Vancouver as the agency at which Warrant Certificates may be surrendered for exchange or at which Purchase Warrants may be exercised. The Corporation may from time to time designate alternate or additional places as the Warrant Agency subject and shall give notice to receiving the consent of the Trustee of any change of the Warrant Agency. d. The Trustee will only disburse monies to the Corporation according to this Indenture only to the extent that monies have been deposited with it.

Appears in 1 contract

Samples: Purchase Warrant Indenture (Minera Andes Inc /Wa)

AutoNDA by SimpleDocs

METHOD OF EXERCISE OF PURCHASE WARRANTS. a. The holder of any Purchase Warrant may exercise the right conferred on such holder to acquire Common Shares by surrendering, after the Issue Date and prior to the Time of Expiry, to the Trustee the Warrant Certificate with a duly completed and executed exercise form, together with a wire transfer, certified cheque, money order or bank draft, in lawful money of Canada payable to or to the order of the Corporation for the Exercise Price for the Common Shares subscribed for. A Warrant Certificate with the duly completed and executed exercise form referred to in this subsection shall, together with the payment of the Exercise Price for the Common Shares subscribed for, be deemed to be surrendered only upon personal delivery thereof or, if sent by mail or other means of transmission, upon actual receipt thereof by, in each case, the Trustee. b. Any exercise form referred to in subsection 3.2(a) shall be signed by the Warrantholder or by the duly appointed legal representative thereof or a duly authorized attorney, with evidence of authority of any such legal representative or attorney attached thereto with such signature properly guaranteed, and shall specify: (i) the number of Common Shares which the holder wishes to acquire (being not more than those which the total number that the holder is entitled to acquire pursuant to the Warrant Certificate(s) surrendered); (ii) the person or persons in whose name or names such Common Shares are to be issued; (iii) the address or addresses of such person(s); and (iv) the number of Common Shares to be issued to each such person if more than one is so specified. If any of the Common Shares subscribed for are to be issued to a person or persons other than the Warrantholder, a transfer form must be completed by the current Warrantholder, and then each such person shall complete and deliver an exercise form in the form on the back of the Warrant Certificate and the Warrantholder shall pay to the Corporation or the Trustee on behalf of the Corporation, all applicable transfer or similar taxes and the Corporation shall not be required to issue or deliver certificates evidencing Common Shares unless or until such Warrantholder shall have paid to the Corporation, or the Trustee on behalf of the Corporation, the amount of such tax or shall have established to the satisfaction of the Corporation that such tax has been paid or that no tax is due. c. In connection with the exchange of Warrant Certificates and exercise of Purchase Warrants and in compliance with such other terms and conditions hereof as may be required, the Corporation has appointed the principal offices of the Trustee in Vancouver as the agency at which Warrant Certificates may be surrendered for exchange or at which Purchase Warrants may be exercised. The Corporation may from time to time designate alternate or additional places as the Warrant Agency subject to receiving the consent of the Trustee of any change of the Warrant Agency. d. The Trustee will only disburse monies to the Corporation according to this Indenture only to the extent that monies have been deposited with it.

Appears in 1 contract

Samples: Warrant Indenture (Golden Star Resources LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!