Notice of Issuances. Subject to Section 3.6, and provided that the Participating Percentage is at least 5%, if the Company proposes to issue (the “Issuance”) any Offered Securities pursuant to a public offering, a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicable) (each, an “Offering”) at any time after the date hereof, the Company will, as soon as possible after the public announcement of the Offering, but in any event not later than seven Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “Offering Notice”) to the Investor including, to the extent known by the Company, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of any investor presentation, prospectus or offering memorandum or similar disclosure document, subscription agreement and other materials delivered by or proposed to be delivered by the Company (or by any agent or investment dealer acting on behalf of the Company) to potential subscribers under the Offering.
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Samples: Investor Rights Agreement (Orla Mining Ltd.), Investor Rights Agreement (Orla Mining Ltd.)
Notice of Issuances. Subject to Section 3.5 and 3.6, and provided that the Participating Percentage is at least 5%, if the Company Corporation proposes to issue (the “Issuance”) any Offered Securities pursuant to a an debt or Equity Securities financing (public offering, offering or a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicableplacement) (each, an “Offering”) at any time after the date hereof, hereof the Company willCorporation shall, as soon as possible after the public announcement of the OfferingIssuance, but in any event not later than seven on the date on which the Corporation files a preliminary prospectus, registration statement or other offering document in connection with an Issuance that constitutes a public offering of Offered Securities, and at least 10 Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “Offering Notice”) to the Investor including, to the extent known by the CompanyCorporation, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of , together with any investor presentation, prospectus or offering memorandum or similar disclosure document, subscription agreement and term sheet on other materials delivered by or proposed document to be delivered utilized by the Company (or by any agent or investment dealer acting on behalf of the Company) to potential subscribers under Corporation in connection with the Offering.
Appears in 2 contracts
Samples: Investor Rights Agreement (Lithium Americas Corp.), Investor Rights Agreement (Lithium Americas Corp.)
Notice of Issuances. Subject to Section 3.6, and provided that the Participating Percentage is at least 5%, if If the Company proposes to issue (the “"Issuance”") any Offered Securities pursuant to a public offering, a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicable) (each, an “"Offering”") at any time after the date hereofhereof and provided that the Investor owns, directly or indirectly, at least 10.0% of the outstanding Common Shares immediately prior to such Issuance, the Company will, as soon as possible after the public announcement of the OfferingIssuance, but in any event not later than seven on the date on which the Company files a preliminary prospectus, registration statement or other offering document in connection with an Issuance that constitutes a public offering of Offered Securities, and at least 10 Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “"Offering Notice”") to the Investor including, to the extent known by the Company, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of any investor presentation, prospectus or offering memorandum or similar disclosure document, subscription agreement and other materials delivered by or proposed to be delivered by the Company (or by any agent or investment dealer acting on behalf of the Company) to potential subscribers under the Offering.
Appears in 2 contracts
Samples: Investor Rights Agreement (Alderon Iron Ore Corp.), Subscription Agreement (Alderon Iron Ore Corp.)
Notice of Issuances. Subject to Section 3.6, and provided that the Participating Percentage is at least 5%, if If the Company proposes to issue (the “Issuance”) any Offered Securities pursuant to a public offering, a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicable) (each, an “Offering”) at any time after the date hereofhereof and provided that the Investor owns, directly or indirectly, at least 10.0% of the outstanding Common Shares immediately prior to such Issuance, the Company will, as soon as possible after the public announcement of the OfferingIssuance, but in any event not later than seven on the date on which the Company files a preliminary prospectus, registration statement or other offering document in connection with an Issuance that constitutes a public offering of Offered Securities, and at least 10 Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “Offering Notice”) to the Investor including, to the extent known by the Company, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of any investor presentation, prospectus or offering memorandum or similar disclosure document, subscription agreement and other materials delivered by or proposed to be delivered by the Company (or by any agent or investment dealer acting on behalf of the Company) to potential subscribers under the Offering.
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Samples: Investor Rights Agreement (Hebei Iron & Steel Group Co., Ltd.)
Notice of Issuances. Subject to Section 3.5 and 3.6, and provided that the Participating Percentage is at least 5%, if the Company Corporation proposes to issue (the “Issuance”) any Offered Securities pursuant to a an debt or Equity Securities financing (public offering, offering or a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicableplacement) (each, an “Offering”) at any time after the date hereof, hereof the Company Corporation will, as soon as possible after the public announcement of the OfferingIssuance, but in any event not later than seven on the date on which the Corporation files a preliminary prospectus, registration statement or other offering document in connection with an Issuance that constitutes a public offering of Offered Securities, and at least 10 Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “Offering Notice”) to the Investor including, to the extent known by the CompanyCorporation, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of , together with any investor presentation, prospectus term sheet or offering memorandum or similar disclosure document, subscription agreement and other materials delivered by or proposed document to be delivered utilized by the Company (or by any agent or investment dealer acting on behalf Corporation in connection with the Offering, details regarding the number of issued and outstanding Common Shares as at the date of the Company) Offering Notice, and the number Common Shares required to potential subscribers under be held in order to satisfy the OfferingMinimum Qualification Threshold.
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Notice of Issuances. Subject to Section 3.4(a) and 3.6, and provided that the Participating Percentage is at least 5%, if the Company Corporation proposes to issue (the “Issuance”) any Offered Securities pursuant to a an debt or Equity Securities financing (public offering, offering or a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicableplacement) (each, an “Offering”) at any time after the date hereof, hereof the Company Corporation will, as soon as possible after the public announcement of the OfferingIssuance, but in any event not later than seven on the date on which the Corporation files a preliminary prospectus, registration statement or other offering document in connection with an Issuance that constitutes a public offering of Offered Securities, and at least 10 Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “Offering Notice”) to the Investor including, to the extent known by the CompanyCorporation, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of , together with any investor presentation, prospectus or offering memorandum or similar disclosure document, subscription agreement and term sheet on other materials delivered by or proposed document to be delivered utilized by the Company (or by any agent or investment dealer acting on behalf of the Company) to potential subscribers under Corporation in connection with the Offering.
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Notice of Issuances. Subject to Section 3.5 and 3.6, and provided that the Participating Percentage is at least 5%, if the Company Corporation proposes to issue (the “Issuance”) any Offered Securities pursuant to a an debt or Equity Securities financing (public offering, offering or a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicableplacement) (each, an “Offering”) at any time after the date hereof, hereof the Company willCorporation shall, as soon as possible after the public announcement of the OfferingIssuance, but in any event not later than seven on the date on which the Corporation files a preliminary prospectus, registration statement or other offering document in connection with an Issuance that constitutes a public offering of Offered Securities, and at least 10 Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “Offering Notice”) to the Investor including, to the extent known by the CompanyCorporation, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of , together with any investor presentation, prospectus term sheet or offering memorandum or similar disclosure document, subscription agreement and other materials delivered by or proposed document to be delivered utilized by the Company (or by any agent or investment dealer acting on behalf Corporation in connection with the Offering, details regarding the number of issued and outstanding Common Shares as at the date of the Company) Offering Notice, and the number Common Shares required to potential subscribers under be held in order to satisfy the OfferingMinimum Qualification Threshold.
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Notice of Issuances. Subject to Section 3.6, and provided that the Participating Percentage is at least 5%4.5, if the Company Corporation proposes to issue (the “"Issuance”") any Offered Securities pursuant to a an equity financing (public offering, offering or a private placement or otherwise (but excluding any issuances of Common Shares in respect of which the Top-up Right would be applicableplacement) (each, an “"Offering”") at any time after the date hereof, hereof the Company Corporation will, as soon as possible after the public announcement of the OfferingIssuance, but in any event not later than seven on the date on which the Corporation files a preliminary prospectus, registration statement or other offering document in connection with an Issuance that constitutes a public offering of Offered Securities, and at least 10 Business Days prior to the expected completion date of the Issuance, give written notice of the Issuance (the “"Offering Notice”") to the Investor including, to the extent known by the CompanyCorporation, full particulars of the Offering, including the number of Offered Securities, the rights, privileges, restrictions, terms and conditions of the Offered Securities, the price per Offered Security to be issued under the Offering, the expected use of proceeds of the Offering and the expected closing date of the Offering. The Offering Notice shall also include copies of any investor presentation, prospectus or offering memorandum or similar disclosure document, subscription agreement and other materials delivered by or proposed to be delivered by the Company (or by any agent or investment dealer acting on behalf of the Company) to potential subscribers under the Offering.
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Samples: Investor Rights Agreement