Common use of Mutual Understanding Regarding Amendments Clause in Contracts

Mutual Understanding Regarding Amendments. (a) In addition to the transactions contemplated hereby or at the request of a Party, the Parties will continue from and after the date hereof and through and including the Effective Date to use their respective commercially reasonable best efforts to maximize present and future planning opportunities for Western, the Western Shareholders, the Western Subsidiaries and New Gold as and to the extent that the same shall not prejudice any party or the shareholders thereof. The parties will ensure that such planning activities do not impede the progress of the Arrangement in any material way. (b) The Parties agree that, if either Party proposes to the other Party any amendment to this Agreement or the Plan of Arrangement, both Parties will reasonably consider such amendment. The Parties further agree that if neither Party nor their respective shareholders will be materially prejudiced, and the completion of the Arrangement will not be delayed, by reason of any such amendment, then the Parties will co-operate to, subject to applicable Laws, effect the amendment or amendments.

Appears in 2 contracts

Samples: Business Combination Agreement (Western Goldfields Inc.), Business Combination Agreement (New Gold Inc. /FI)

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Mutual Understanding Regarding Amendments. (a) In addition to the transactions contemplated hereby Arrangement or at the request of a Party, the Parties will continue from and after the date hereof and through and including the Effective Date to use their respective commercially reasonable best commercial efforts to maximize present and future planning opportunities for WesternXxxxxxx, the Western Shareholders, Xxxxxxx Shareholders and EFI and the Western Subsidiaries and New Gold EFI Shareholders as and to the extent that the same shall not prejudice any party Party or the shareholders thereof. The parties will ensure that such planning activities do not impede the progress of the Arrangement in any material way. (b) The Parties agree that, if either Party proposes to the other Party any amendment to this Agreement or the Plan of Arrangement, both Parties will reasonably consider such amendment. The Parties further agree that if neither Party nor their its respective shareholders will be materially prejudiced, and the completion of the Arrangement will not be delayed, by reason of any such amendment, then the Parties will co-operate to, subject to applicable Laws, effect the amendment or amendments.

Appears in 2 contracts

Samples: Arrangement Agreement (Energy Fuels Inc), Arrangement Agreement (Denison Mines Corp.)

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Mutual Understanding Regarding Amendments. (a) In addition to the transactions contemplated hereby or at the request of a Party, the Parties will continue from and after the date hereof and through and including the Effective Date to use their respective commercially reasonable best efforts to maximize present and future planning opportunities for WesternTitan, the Western Shareholders, the Western Subsidiaries Titan Shareholders and New Gold EFI as and to the extent that the same shall not prejudice any party Party or the shareholders thereof. The parties will ensure that such planning activities do not impede the progress of the Arrangement in any material way. (b) The Parties agree that, if either Party proposes to the other Party any amendment to this Agreement or the Plan of Arrangement, both Parties will reasonably consider such amendment. The Parties further agree that if neither Party nor their its respective shareholders will be materially prejudiced, and the completion of the Arrangement will not be delayed, by reason of any such amendment, then the Parties will co-operate to, subject to applicable Laws, effect the amendment or amendments.

Appears in 1 contract

Samples: Business Combination Agreement (Energy Fuels Inc)

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