Notice of Acquisition. If either the Optionee or the Optionor (the "Acquiring Party") stakes or otherwise acquires, directly or indirectly, any right to or interest in any mining claim, licence, lease, grant, concession, permit, patent, or other mineral property or surface rights or water rights in respect of an IOCG Deposit (collectively the "Acquired Rights") located wholly or partly within the Area of Interest, then the Acquiring Party shall forthwith give notice to the other (the "Other Party") of that staking or acquisition, the cost thereof and all details in possession of any party with respect to the nature of the Acquired Rights and the known mineralization.
Notice of Acquisition. Tenant shall give Landlord prompt written notice (in accordance with Section 40 of the Lease) of the completion of the Acquisition, specifying the date thereof, which date shall constitute the commencement of this Amendment. If the Acquisition does not occur on or before February 28, 1997, then this Amendment shall not go into effect and shall automatically terminate.
Notice of Acquisition. In the event of, at any time during the Exercise Period, an IPO or an Acquisition, the Company shall provide to the Holder 30 days’ advance written notice of such IPO or Acquisition.
Notice of Acquisition. The Cdn Borrower shall advise the Administrative Agent forthwith of, and in any event not less than five (5) Business Days prior to, any proposed utilization of the Facilities for any Acquisition where the amount of the proposed utilization, together with any Debt assumed in connection with such Acquisition, exceed 10% of the Shareholders’ Equity of the Cdn Borrower as determined in the last quarterly or annual Financial Statements, whichever were most recently submitted, and shall furnish to the Administrative Agent, by electronic mail, one (1) copy of:
14.6.1 notification of the Acquisition and information with respect to its purchase price;
14.6.2 historical audited financial statements of the target of the Acquisition (the “Target”), or, if not available, as set out in unaudited financial statements or in any other information that has been reviewed;
(i) if EBITDA and EBITDAR of the Target is included in the calculation of EBITDA and EBITDAR, a balance sheet, income statement and statement of cash flows of the Cdn Borrower on a Consolidated Basis or Adjusted Consolidated Basis (as applicable pursuant to Section 14.2), or (ii) if EBITDA and EBITDAR of the Target is not included in the calculation of EBITDA and EBITDAR, a balance sheet of the Cdn Borrower on a Consolidated Basis or Adjusted Consolidated Basis (as applicable pursuant to Section 14.2), in all cases, taking into consideration the Acquisition and showing the projected impact of the Acquisition both currently and for the immediately succeeding year, including compliance with the Ratios on a Pro Forma Basis; and
14.6.4 an Acquisition Certificate.
Notice of Acquisition. If either Participant acquires during the term of this Agreement any mineral property which lies wholly or partly within the Area of Interest, the acquiring Participant shall within 30 days of such acquisition give notice of such acquisition or right to the same to the other Participant together with copies of all related geological and other data in its possession and such other Participant shall have the right during the 30 days next following the receipt of such notice and data, by written notice to the acquiring Participant, to elect that such mineral interest be included as part of the Properties hereunder. Failure to provide such notice to the acquiring Participant shall be deemed to constitute an election by the other Participant that such mineral property not be included as part of the Properties. Any agreement entered into by the acquiring Participant for the acquisition of a mineral interest within the Area of Interest shall contain a term permitting the disposition of an interest therein to the other Participant. If the other Participant elects that such mineral property not be included as part of the Properties, the acquiring Participant shall be free to deal with such mineral properties as it sees fit, free of any obligations contained in this Agreement. If the other Participant elects that such mineral properties shall be included as part of the Properties, all acquisition costs incurred (or the cash equivalent thereof) with respect to such mineral property shall be included as part of a Program and Budget.
Notice of Acquisition. The other party may, within thirty (30) days of receipt of the Acquiring Party's notice, elect, by written notice to the Acquiring Party, to require that the mineral properties and the right or interest acquired be included in and thereafter form part of the Property for all purposes of this Agreement.
Notice of Acquisition. The Company shall give Holder at least five business days prior written notice of the closing of the Acquisition and of its execution of an agreement as to an Acquisition.
Notice of Acquisition. Within 20 days after the Acquiring Party acquires or agrees to acquire the Acquired Interests, the Acquiring Party shall provide the Non-Acquiring Party with written notice thereof (a “Notice of Acquisition”). Simultaneous with such written notice, the Acquiring Party also shall make available in its offices, during normal business hours, to the Non-Acquiring Party for its examination all information in the possession of the Acquiring Party regarding such Acquired Interests, including acquisition and brokerages costs and expenses (“Acquisition Costs”), and all title, brokerage, surveying, geological, and geophysical information and data.
Notice of Acquisition. Upon acquiring a Mineral Interest the Acquiring Party shall, in writing, advise the Offeree of such acquisition within 30 days after the acquisition. The notice shall include a copy of all instruments of acquisition including, but not limited to, copies of the leases, assignments, sub-leases, farmouts or other contracts affecting the Mineral Interest. The Acquiring Party shall also enclose an itemized statement of the actual costs and expenses incurred by the Acquiring Party in acquiring such Mineral Interest, excluding, however, costs and expenses of its own personnel ("Acquisition Costs"). Each Offeree shall have a period of 30 days after receipt of the notice within which to furnish the acquiring party written notice of its election to acquire along with payment for its proportionate share of the Acquisition Costs for the offered Mineral Interest. In the event a well is being drilled for production of oil and gas within the AMI or a location outside the AMI the results of which could be reasonably expected to materially affect the value of the offered Mineral Interest, each Offeree shall have a period of 48 hours after receipt of the notice (exclusive of Saturdays, Sundays and Legal Holidays) within which to acquire its proportionate interest in the Mineral Interest so offered provided, however, the 48 hour election period shall not apply unless the Acquiring Party furnishes notice to the Offeree within 2 full business days after the date on which the Acquiring Party acquires the Mineral Interest so offered. In addition thereto, the Acquiring Party shall also:
(a) Furnish the Offeree with the approximate location of the well then being drilled and the name of the operator or drilling contractor drilling the well; and
(b) Specifically advise the Offeree that the Offeree shall have a period of 48 hours (exclusive of Saturdays, Sundays and Legal Holidays) within which to elect to acquire an interest in the offered Mineral Interest. If the Acquiring Party shall not have received actual written notice of election of Offeree to acquire its proportionate interest within the 30 day or 48 hour period, whichever is applicable, it shall be conclusively presumed that such Offeree has elected not to acquire its interest in the Mineral Interest. Upon payment by the Offeree, Acquiring Party shall execute and deliver an appropriate assignment to such Offeree. Any lease jointly acquired under the AMI shall become subject to the Unit Operating Agreement.
Notice of Acquisition. If the Acquisition Time occurs by the Deadline: (a) the Trust shall forthwith cause the Acquisition Notice to be delivered to the Escrow Agent and the Lead Underwriter on behalf of the Underwriters and the Trust shall concurrently deliver to the Escrow Agent, the Irrevocable Transfer Agent Direction and the Escrow Agent will issue the Units issuable pursuant to the Subscription Receipts and make any required payment as provided herein, and (b) the Trust shall issue a press release confirming the Acquisition has been completed and setting out the Acquisition Date and that the underlying Units have been or will be issued to Receiptholders effective as at the Issue Time.
