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 hereto, the parties hereto 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 Peak, the Peak Shareholders, the Peak Subsidiaries, Metallica, the Metallica Shareholders, the Metallica Subsidiaries and New Gold as and to the extent that the same shall not prejudice any party hereto or the shareholders thereof. The parties hereto will ensure that such planning activities do not impede the progress of the Arrangements in any material way. (b) The parties hereto mutually agree that, if a party hereto proposes any other amendment or amendments to this Agreement or to either of them, the Plans of Arrangement, Peak, Metallica and New Gold will act reasonably in considering such amendment and if the other of them and the shareholders thereof are not materially prejudiced or the completion of the Transaction will not be delayed by reason of any such amendment they will co-operate in a reasonable fashion with the Party hereto proposing the amendment so that such amendment can be effected subject to applicable Laws and the rights of the Peak Shareholders or the Metallica Shareholders, as the case may be.

Mutual Understanding Regarding Amendments. (a) In addition to the transactions contemplated hereby or at the request of a Party party hereto, the parties hereto 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 PeakSilvermex, the Peak Silvermex Material Subsidiaries, the Silvermex Shareholders, the Peak Subsidiaries, MetallicaGenco, the Metallica Shareholders, the Metallica Genco Material Subsidiaries and New Gold the Genco Shareholders as and to the extent that the same shall not prejudice any party hereto or the shareholders thereof. The parties hereto will ensure that such planning activities do not impede the progress of the Arrangements Arrangement in any material way. (b) . The parties hereto mutually agree that, that if a party hereto proposes any other amendment or amendments to this Agreement or to either of them, the Plans Plan of Arrangement, PeakSilvermex on the one hand, Metallica and New Gold Genco on the other hand, will act reasonably in considering such amendment and if the other of them and the shareholders thereof are not materially prejudiced or the completion of the Transaction will not be delayed by reason of any such amendment they will co-operate in a reasonable fashion with the Party party hereto proposing the amendment so that such amendment can be effected subject to applicable Laws and the rights of the Peak Shareholders or the Metallica Silvermex Shareholders, as the case may be.

Mutual Understanding Regarding Amendments. (a) In addition to the transactions contemplated hereby or at the request of a Party hereto, the parties hereto The Parties will continue from and after the date hereof and through and including the Effective Date Date, to use their respective commercially reasonable best efforts to maximize present and future financial and tax planning opportunities for Peakthe shareholders of Avenor, the Peak Shareholders, the Peak Subsidiaries, Metallica, the Metallica Shareholders, the Metallica Subsidiaries for Bowater and New Gold for Avenor as and to the extent that the same shall not prejudice any party hereto Party or the shareholders thereofits securityholders. The parties hereto Parties will ensure that such planning activities do not impede the progress of the Arrangements Arrangement in any material way. (b) . If Avenor effects any transaction before the Effective Date for such purposes, Bowater will be responsible for any structuring and unwinding costs if the Arrangement is not effected. Bowater has advised Avenor that Bowater will propose the restructuring of the Arrangement so that the issuer of Avenor Exchangeable Shares will be a separate Subsidiary of Bowater and that Bowater understands that Avenor will, at or prior to the Effective Date, consider the transfer of certain assets to separate corporations. These proposals will be subject to continued good faith discussions between the parties and Avenor has no objection to such proposals, provided that they result in no prejudice to Avenor or its securityholders. The parties hereto Parties mutually agree that, that if a party hereto Party proposes any other amendment or amendments to this Agreement or to either of them, the Plans Plan of Arrangement, Peak, Metallica and New Gold the other Party will act reasonably in considering such amendment and if the other of them Party and the its shareholders thereof are not materially prejudiced or the completion of the Transaction will not be delayed by reason of any such amendment they the other Party will co-operate in a reasonable fashion with the Party hereto proposing the amendment so that such amendment can be effected subject to applicable Laws and the rights of the Peak Shareholders or the Metallica Shareholders, as the case may besecurityholders.