Common use of No Preferential Rights Clause in Contracts

No Preferential Rights. Except as set forth in or incorporated by reference in the Offering 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 other securities of the Company, (ii) the Company has not granted to any Person any preemptive rights, resale rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares 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 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 qualify for distribution under Canadian Securities Laws any Common Shares or other securities of the Company, or to include any such Common Shares or other securities in the Offering Documents, whether as a result of the filing of the 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 or incorporated by reference in the Offering DocumentsRegistration Statement, the Time of Sale Prospectus and the Prospectus, (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) the Company no Person has not granted to any Person 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 Offered Common Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the U.S. Securities Act or qualify for distribution under any other securities laws or rules, including applicable Canadian Securities Laws securities laws, any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such Common Shares shares or other securities in the Offering DocumentsRegistration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Offering Documents (or the Documents Incorporated by Reference) 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 Offering DocumentsRegistration Statement, the Time of Sale Prospectus and the Prospectus, (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) the Company no Person has not granted to any Person 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 Offered Common Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the U.S. Securities Act or qualify for distribution under any other securities laws or rules, including applicable Canadian Securities Laws 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 Common Shares shares or other securities in the Offering DocumentsRegistration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Offering Documents (or the Documents Incorporated by Reference) Registration Statement or the sale of the Offered Shares as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in the Registration Statement or included or incorporated by reference in the Offering DocumentsTime of Sale Prospectus and the Prospectuses, (i) and except pursuant to options and warrants to purchase Common Shares pursuant to outstanding options, restricted stock units, warrants or convertible securities of the Companydebentures, 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 other securities of the Company, (ii) the Company no Person has not granted to any Person any preemptive rights, resale rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares 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 Offered SharesUnits, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the U.S. Securities Act or qualify for distribution under Canadian Securities Laws any Common Shares or other securities of the Company, or to include any such Common Shares or other securities in the Offering DocumentsRegistration Statement or included or incorporated by reference in the Time of Sale Prospectus and the Prospectuses, whether as a result of the filing or effectiveness of the Offering Documents Registration Statement, the Prospectuses (or the Documents Incorporated documents incorporated by Referencereference 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 or included or incorporated by reference in the Offering DocumentsPreliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses (including pursuant to the KHNP Strategic Relationship Agreement), (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 other securities of the Company, except pursuant to options and warrants to purchase Common Shares pursuant to outstanding convertible securities of the Company, (ii) the Company has not granted to any Person any preemptive rights, resale rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares 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 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 qualify for distribution under Canadian Securities Laws any Common Shares or other securities of the Company, or to include any such Common Shares or other securities in the Offering DocumentsRegistration Statement or included or incorporated by reference in the Preliminary Prospectuses, the Time of Sale Prospectus and the Prospectuses, whether as a result of the filing or effectiveness of the Offering Documents Registration Statement, the Prospectuses (or the Documents Incorporated documents incorporated by Referencereference therein) 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 Offering DocumentsDocuments and with respect to the holders of share purchase warrants issued by the Company in connection with its June and July 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 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 other securities of the Company, (ii) the Company has not granted to any Person any preemptive rights, resale rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares 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 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 qualify for distribution under Canadian Securities Laws any Common Shares or other securities of the Company, or to include any such Common Shares or other securities in the Offering Documents, whether as a result of the filing of the 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 or incorporated by reference in the Offering DocumentsRegistration Statement and the Prospectuses, (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 other securities of the Company, (ii) the Company no Person has not granted to any Person any preemptive rights, resale rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares 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 Offered Placement Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the U.S. Securities Act or qualify for distribution under Canadian Securities Laws any Common Shares or other securities of the Company, or to include any such Common Shares or other securities in the Offering DocumentsRegistration Statement or the Prospectuses or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Offering Documents (or the Documents Incorporated by Reference) 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 Offering DocumentsDisclosure Documents (including pursuant to the KHNP Strategic Relationship Agreement), (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 Corporation to issue or sell to such Person any Common Shares 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) the Company Corporation has not granted to any Person any preemptive rights, resale rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares 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 Offered SharesSecurities, and (iv) no Person has the right, contractual or otherwise, to require the Company Corporation to register under the U.S. Securities Act or qualify for distribution under Canadian Securities Laws any Common Shares or other securities of the CompanyCorporation, or to include any such Common Shares or other securities in the Offering Disclosure Documents, whether as a result of the filing of the Offering Disclosure Documents (or the Documents Incorporated documents incorporated by Referencereference therein) or the sale of the Offered Shares Securities as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in or incorporated by reference in the Offering DocumentsRegistration Statement, the Time of Sale Prospectus and the Prospectus, (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) the Company no Person has not granted to any Person 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 Offered Common Shares, and (iv) no Person has the right, contractual or otherwise, to require the Company to register under the U.S. Securities Act or qualify for distribution under any other securities laws or rules, including applicable Canadian Securities Laws securities laws, any Common Shares or shares of any other capital stock or other securities of the Company, or to include any such Common Shares shares or other securities in the Offering DocumentsRegistration Statement or the offering contemplated thereby, whether as a result of the filing or effectiveness of the Offering Documents (or the Documents Incorporated by Reference) Registration Statement or the sale of the Offered Shares Securities as contemplated thereby or otherwise.

No Preferential Rights. Except as set forth in or incorporated by reference in the Offering Documents, (i) and except pursuant to options and warrants to purchase 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 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 other securities of the Company, other than pursuant to the Mitsubishi Subscription Right and the Rio Tinto Subscription Right, (ii) the Company has not granted to any Person any preemptive pre-emptive rights, resale rights, rights of first refusal, or any other rights (whether pursuant to a “poison pill” provision or otherwise) to purchase any Common Shares 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 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 qualify for distribution under Canadian Securities Laws any Common Shares or other securities of the Company, or to include any such Common Shares or other securities included or incorporated by reference in the Offering Documents, whether as a result of the filing or effectiveness of the 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.