Common use of No Preferential Rights Clause in Contracts

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable Canadian securities laws and rules, any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in or incorporated by reference in the Registration Statement, the Time of Sale Prospectus and the ProspectusOffering Documents, (i) and except pursuant to options and warrants to purchase Common Shares pursuant to outstanding convertible securities of the Company, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the U.S. Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no the Company has not granted to any Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Offered Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the U.S. Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or the offering contemplated therebyOffering Documents, whether as a result of the filing or effectiveness of the Registration Statement Offering Documents (or the Documents Incorporated by Reference) or the sale of the Offered Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration StatementStatement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the ProspectusProspectuses, (i) and except pursuant to options to purchase Common Shares pursuant to outstanding options, restricted stock units, warrants or convertible debentures, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no the Company has not granted to any Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common SharesPublic Securities, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or included or incorporated by reference in the offering contemplated therebyPreliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses, whether as a result of the filing or effectiveness of the Registration Statement Statement, the Prospectuses (or documents incorporated by reference therein) or the sale of the Offered Shares Public Securities as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, Statement or included or incorporated by reference in the Time of Sale Prospectus and the ProspectusProspectuses, (i) and except pursuant to options to purchase Common Shares pursuant to outstanding options, restricted stock units, warrants or convertible debentures, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common SharesUnits, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or included or incorporated by reference in the offering contemplated therebyTime of Sale Prospectus and the Prospectuses, whether as a result of the filing or effectiveness of the Registration Statement Statement, the Prospectuses (or documents incorporated by reference therein) or the sale of the Offered Shares Units as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company other than pursuant to awards made in the ordinary course of business under the Company’s equity incentive plans, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable Canadian securities laws and rules, any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Shares Securities as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable Canadian securities laws and ruleslaws, any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration StatementStatement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the ProspectusProspectuses (including pursuant to the KHNP Strategic Relationship Agreement), (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares other securities of any other capital stock or other the Company, except pursuant to options and warrants to purchase Common Shares pursuant to outstanding convertible securities of the Company, (ii) no the Company has not granted to any Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Offered Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or included or incorporated by reference in the offering contemplated therebyPreliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses, whether as a result of the filing or effectiveness of the Registration Statement Statement, the Prospectuses (or documents incorporated by reference therein) or the sale of the Offered Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, (i) Except for Common Shares issuable pursuant to outstanding convertible securities of the Company, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, other than pursuant to the Mitsubishi Subscription Right and the Rio Tinto Subscription Right, (ii) no the Company has not granted to any Person has any preemptive pre-emptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Offered Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities included or incorporated by reference in the Registration Statement or the offering contemplated therebyOffering Documents, whether as a result of the filing or effectiveness of the Registration Statement Offering Documents (or the Documents Incorporated by Reference) or the sale of the Offered Shares as contemplated thereby or otherwise, other than pursuant to the Mitsubishi Subscription Right and the Rio Tinto Subscription Right.

No Preferential Rights. Except as set forth described in the Registration Statement, the Time of Sale Prospectus and Statement or the Prospectus, (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares Stock or shares of any other capital stock or other securities of the Company (other than upon the exercise of options or warrants to purchase Common Stock or upon the exercise of options that may be granted from time to time under the Company’s stock option plans), (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares Stock or shares of any other capital stock or other securities of the CompanyCompany from the Company which have not been duly waived with respect to the offering contemplated hereby, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common SharesStock, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable Canadian securities laws and rules, any Common Shares Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Placement Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in or incorporated by reference in the Registration Statement, the Time of Sale Prospectus and the ProspectusOffering Documents, (i) and except pursuant to options and warrants to purchase Common Shares pursuant to outstanding convertible securities of the Company, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “"Person”"), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no the Company has not granted to any Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “"poison pill” " provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Offered Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or the offering contemplated therebyOffering Documents, whether as a result of the filing or effectiveness of the Registration Statement Offering Documents (or the Documents Incorporated by Reference) or the sale of the Offered Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus Statement and the ProspectusProspectuses, (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Placement Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or the Prospectuses or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Placement Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in or incorporated by reference in the Registration Statement, Offering Documents and with respect to the Time holders of Sale Prospectus share purchase warrants issued by the Company in connection with its June and the ProspectusJuly 2016 offerings of units, (i) and except pursuant to options and warrants to purchase Common Shares pursuant to outstanding convertible securities of the Company, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no the Company has not granted to any Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Offered Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or the offering contemplated therebyOffering Documents, whether as a result of the filing or effectiveness of the Registration Statement Offering Documents (or the Documents Incorporated by Reference) or the sale of the Offered Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus Statement and the ProspectusProspectuses, (i) and except pursuant to options to purchase Common Shares pursuant to outstanding options, restricted stock units, warrants or convertible debentures, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Placement Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or the Prospectuses or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Placement Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, Disclosure Documents (including pursuant to the Time of Sale Prospectus and the ProspectusKHNP Strategic Relationship Agreement), (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company Corporation to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the CompanyCorporation, except pursuant to options and warrants to purchase Common Shares pursuant to outstanding convertible securities of the Corporation, (ii) no the Corporation has not granted to any Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the CompanyCorporation, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company Corporation in connection with the offer and sale of the Common SharesOffered Securities, and (iv) no Person has the right, contractual or otherwise, to require the Company Corporation to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the CompanyCorporation, or to include any such shares Common Shares or other securities in the Registration Statement or the offering contemplated therebyDisclosure Documents, whether as a result of the filing or effectiveness of the Registration Statement Disclosure Documents (or documents incorporated by reference therein) or the sale of the Offered Shares Securities as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable Canadian securities laws and ruleslaws, any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Shares Securities as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus Statement and the ProspectusProspectus (including any document deemed incorporated by reference therein or filed as an exhibit thereto), (i) no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares Stock or shares of any other capital stock or other securities of the Company, (ii) no Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares Stock or shares of any other capital stock or other securities of the Company from the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Placement Shares, and (iv) except for any rights that have been waived, no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable Canadian securities laws and rules, any Common Shares Stock or shares of any other capital stock or other securities of the Company, or to include any such shares or other securities in the Registration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Registration Statement or the sale of the Offered Placement Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus, (i) Except for Common Shares issuable pursuant to outstanding convertible securities of the Company, no person, as such term is defined in Rule 1-02 of Regulation S-X promulgated under the Securities Act (each, a “Person”), has the right, contractual or otherwise, to cause the Company to issue or sell to such Person any Common Shares or shares of any other capital stock or other securities of the Company, (ii) no the Company has not granted to any Person has any preemptive rights, resale rights, rights of first refusal, rights of co-sale, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares or shares of any other capital stock or other securities of the Company, (iii) no Person has the right to act as an underwriter or as a financial advisor to the Company in connection with the offer and sale of the Common Offered Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the Securities Act or any other securities laws or rules, including applicable qualify for distribution under Canadian securities laws and rules, Securities Laws any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such shares Common Shares or other securities in the Registration Statement or included or incorporated by reference in the offering contemplated therebyPreliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses, whether as a result of the filing or effectiveness of the Registration Statement Statement, the Prospectuses (or documents incorporated by reference therein) or the sale of the Offered Shares as contemplated thereby or otherwise.