Common use of No Dividends, Amalgamation or Capital Reduction Clause in Contracts

No Dividends, Amalgamation or Capital Reduction. Metallica shall not, except as provided for in this Agreement or in the Metallica Disclosure Schedule, without prior consultation with and the consent of New Gold and Peak, directly or indirectly do, agree to do, or permit to occur any of the following: (i) declare, set aside or pay any dividend or other distribution or payment in respect of any of the shares of Metallica; (ii) adopt resolutions or enter into any agreement providing for the amalgamation, merger, consolidation, reorganization, liquidation, dissolution or any other extraordinary transaction in respect of itself or any of its subsidiaries or adopt any plan of liquidation; or (iii) reduce its stated capital.

No Dividends, Amalgamation or Capital Reduction. Metallica Peak shall not, except as provided for in this Agreement or in the Metallica Peak Disclosure ScheduleMemorandum, without prior consultation with and the consent of New Gold and PeakMetallica, directly or indirectly do, agree to do, or permit to occur any of the following: (i) declare, set aside or pay any dividend or other distribution or payment in respect of any of the shares of MetallicaPeak; (ii) adopt resolutions or enter into any agreement providing for the amalgamation, merger, consolidation, reorganization, liquidation, dissolution or any other extraordinary transaction in respect of itself or any of its subsidiaries or adopt any plan of liquidation; or (iii) reduce its stated capital.