Common use of Notice to Warrantholders Clause in Contracts

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, any notice to be given hereunder to Warrantholders shall be written and shall be deemed to be validly given if the notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if published or distributed once in the Report on Business section of the national edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 3 contracts

Samples: Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp)

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Notice to Warrantholders. (1a) Unless herein otherwise expressly providedprovided in this Indenture, any notice to be given hereunder under this Indenture to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy fax (or so mailed to certain holders and so delivered to other holders and so telecopied faxed to other holders) at their respective addresses and telecopy fax numbers appearing on the register maintained by the Trustee; Trustee and if in the case of joint holders of any Warrants more than one address or telecopy fax number appears on the register in respect of that joint holding, the notice shall will be addressed or delivered, as the case may be, only to the first address or telecopier fax number, as the case may be, so appearing. The Trustee will give, in the same manner as for Warrantholders set out above, a copy of each such notice to the Agent in the manner provided at Paragraph 12.1(a) as follows: Xxxxxxx Securities Inc., Suite 0000, 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 0X0, Attention: Xxxxx Xxxxxxxx. Any notice so given shall will be deemed to have been received given on the day of delivery by hand or telecopy orfax, if mailed, or on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonif delivered by mail. (2b) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national National edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereofof this Indenture, the date when notice of any meeting or other event must be given, the date of giving notice shall will be included and the date of the meeting or other event shall will be excluded.

Appears in 2 contracts

Samples: Warrant Indenture (Oragenics Inc), Warrant Indenture (Oragenics Inc)

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, A. Nothing contained in this Agreement or in any notice to be given hereunder to Warrantholders of the Warrants shall be written and shall be deemed construed as conferring upon the holders thereof the right to be validly given if the vote or to consent or to receive notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register as stockholders in respect of that joint holding, the notice shall be addressed or delivered, as meetings of stockholders for the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day election of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing directors of the notice. Accidental error Company or omission in giving notice any other matters, or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if published or distributed once in the Report on Business section rights whatsoever as stockholders of the national edition of The Globe and Mail newspaperCompany; provided, orhowever, that in the event that a meeting of stockholders shall be called to consider and take action on a disruption proposal for the voluntary dissolution of the Company, other than in connection with a consolidation, merger or sale of all, or substantially all, of its property, assets, business and goodwill as an entirety, then and in that event the circulation of that newspaper, Company shall cause a notice thereof to be published at least once a week for two consecutive weeks in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto Dallas, Texas and Vancouver; provided that in the case of a notice convening a meeting of the holders of WarrantsNew York, the Trustee may require New York, such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or publication to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed completed at least 20 days prior to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting fixed as a record date or other event must be given, the date of giving closing the transfer books for the determination of the stock holders entitled to vote at such meeting. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or receive such notice or any defect therein or in the mailing thereof shall not affect the validity of any action taken in connection with such voluntary dissolution. If such notice shall have been so given and if such a voluntary dissolution shall be included authorized at such meeting or any adjournment thereof, then for and after the date on which such voluntary dissolution shall have been duly authorized by the stockholders, the purchase rights represented by the Warrants and other rights with respect thereto shall cease and terminate. B. If the Company shall make any distribution on, or to holders of, its Common Stock (or other property which may be purchasable in lieu thereof upon the exercise of Warrants) of any property (other than a cash dividend), the Company shall cause a notice of its intention to make such distribution to be published at least once a week for two consecutive weeks in a newspaper of general circulation in Dallas, Texas and New York, New York, such publication to be completed at least 20 days prior to the date fixed as a record date or the date of closing the meeting transfer books for the determination of the stockholders entitled to receive such distribution. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or other event said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or to receive such notice or any defect therein or in the mailing thereof shall be excludednot affect the validity of any action taken in connection with such distribution.

Appears in 2 contracts

Samples: Warrant Agreement (Butterwings Entertainment Group Inc), Warrant Agreement (Westower Corp)

Notice to Warrantholders. (1a) Unless herein otherwise expressly provided, any Any notice to be given hereunder to Warrantholders shall be written and under the provisions of this Indenture shall be deemed to be validly given if the notice is sent by prepaid first class mail, postage prepaid, addressed to the holder holders or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearingWarrant Agent. Any notice so given shall be deemed to have been received given on the day of delivery by hand or telecopy or, if mailed, on the next business day third Business Day following the day of mailing date of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonpostmark if delivered by mail. (2b) If, by reason of strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section Section of the national edition of The Globe and Mail newspaper, newspaper or, in the event of a disruption in the circulation circular of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver, British Columbia; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee Warrant Agent may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants Warrantholders or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting . (c) Accidental error or other event must be given, the date of omissions in giving notice shall be included and the date of the meeting or other event shall be excludedaccidental failure to mail notice to any Warrantholder will not invalidate any action or proceeding founded thereon.

Appears in 2 contracts

Samples: Warrant Indenture (Alderon Iron Ore Corp.), Warrant Indenture (Quaterra Resources Inc)

Notice to Warrantholders. (1a) Unless herein otherwise expressly providedprovided in this Indenture, any notice to be given hereunder under this Indenture to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy fax (or so mailed to certain holders and so delivered to other holders and so telecopied faxed to other holders) at their respective addresses and telecopy fax numbers appearing on the register maintained by the Trustee; Trustee and if in the case of joint holders of any Warrants more than one address or telecopy fax number appears on the register in respect of that joint holding, the notice shall will be addressed or delivered, as the case may be, only to the first address or telecopier fax number, as the case may be, so appearing. The Trustee will give, in the same manner as for Warrantholders set out above, a copy of each such notice to the Agent in the manner provided at Paragraph 12.1(a) as follows: Xxxxxxx Securities Inc., Xxxxx 0000, 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 0X0, Attention: Xxxxx Xxxxxxxx. Any notice so given shall will be deemed to have been received given on the day of delivery by hand or telecopy orfax, if mailed, or on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonif delivered by mail. (2b) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national National edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereofof this Indenture, the date when notice of any meeting or other event must be given, the date of giving notice shall will be included and the date of the meeting or other event shall will be excluded.

Appears in 2 contracts

Samples: Warrant Indenture (Oragenics Inc), Warrant Indenture (Oragenics Inc)

Notice to Warrantholders. (1a) Unless herein otherwise expressly providedprovided in this Indenture, any notice to be given hereunder under this Indenture to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy fax (or so mailed to certain holders and so delivered to other holders and so telecopied faxed to other holders) at their respective addresses and telecopy fax numbers appearing on the register maintained by the Trustee; Trustee and if in the case of joint holders of any Warrants more than one address or telecopy fax number appears on the register in respect of that joint holding, the notice shall will be addressed or delivered, as the case may be, only to the first address or telecopier fax number, as the case may be, so appearing. The Trustee will give, in the same manner as for Warrantholders set out above, a copy of each such notice to the Agent in the manner provided at Paragraph 12.1(a) as follows: Hxxxxxx Securities Inc., Sxxxx 0000, 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, XX X0X 0X0, Attention: Fxxxx Xxxxxxxx. Any notice so given shall will be deemed to have been received given on the day of delivery by hand or telecopy orfax, if mailed, or on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonif delivered by mail. (2b) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national National edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereofof this Indenture, the date when notice of any meeting or other event must be given, the date of giving notice shall will be included and the date of the meeting or other event shall will be excluded.

Appears in 2 contracts

Samples: Warrant Indenture (Eveolution Ventures Inc), Warrant Indenture (Eveolution Ventures Inc)

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, any a notice to be given hereunder to Warrantholders shall be written and shall will be deemed to be validly given if the notice is delivered, or if sent by prepaid mailfirst class insured, addressed postage pre-paid or by telecopier with originals to the holder or delivered follow by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) pre-paid first class mail at their respective addresses and telecopy numbers appearing on any of the register maintained by the Trusteeregisters above mentioned; and if in the case of joint holders of any Warrants Warrant more than one address or telecopy number appears on the register in respect of that the joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given by mail or so delivered by hand shall be deemed to have been received given on the fifth Business Day after it has been mailed or on the day of delivery upon which it has been delivered, or if transmitted by hand or telecopy or, if mailed, telecopier on the next business day first Business Day following the day transmission, as the case may be. In determining under any provision hereof the date when notice of mailing any meeting or other event must be given, the date of giving the notice shall be included and the date of the noticemeeting or other event shall be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of a strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any a notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or to be delayed in reaching its destination, the notice shall will be valid and effective only if it is published or distributed once in the Report on Business section of in the national edition of The Globe and Mail newspapernewspaper and in the Legal Notices section of the national edition of The Wall Street Journal, or, in the event of if there is a disruption in the of circulation of that newspaper, once in a daily newspaper newspapers in the English language of general circulation and approved by the Trustee of general circulation Warrant Agent in such cities in Canada and the City of Toronto and Vancouver; provided that United States where the Warrantholders reside, as noted on the register and, in the case of a notice convening a meeting of the holders of WarrantsWarrantholders, the Trustee may require with such additional publications of that noticepublications, in the same or in other cities or both, as it may deem the Warrant Agent deems necessary for the reasonable protection of the holders of Warrants Warrantholders or to comply with any applicable requirement of law or a stock exchange on which the Common Shares are listed and if a daily newspaper of general circulation is not, for any stock exchangereason, published at the time in the English language in any city, the notice may be published in any other publication available in that city as is acceptable to the Warrant Agent. Any A notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city all the cities if more than one publication in that city any of them is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice . (3) Any mailings shall be included and the date of the meeting or other event shall be excludedmade by registered mail, postage prepaid.

Appears in 2 contracts

Samples: Warrant Indenture (Vuzix Corp), Warrant Indenture (Vuzix Corp)

Notice to Warrantholders. (1a) Unless herein otherwise expressly provided, any notice to be given hereunder to Warrantholders shall be written and shall be deemed to be validly given if the notice is sent by prepaid first class mail, postage prepaid, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; Warrant Agent and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier numberaddress, as the case may be, so appearing. Any notice so given shall be deemed to have been received given on the day of delivery by hand or telecopy or, if mailed, on the next business day fifth Business Day following the day of mailing date of the notice. Accidental error or omission in giving postmark on such notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonif delivered by mail. (2b) If, by reason of strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national edition of The Globe and Mail newspaper, newspaper or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City city of Toronto and Vancouver, British Columbia; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee Warrant Agent may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 2 contracts

Samples: Warrant Indenture (Crosshair Exploration & Mining Corp), Warrant Indenture (Crosshair Exploration & Mining Corp)

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, any a notice to be given hereunder to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid ordinary surface or air mail, postage prepaid, addressed to the holder Warrantholders or delivered by hand or transmitted by telecopy (or so mailed to certain holders Warrantholders and so delivered to the other holders and so telecopied to other holdersWarrantholders) at their respective addresses and telecopy numbers appearing on any of the register maintained registers of holders described in subsection 3.1, with copies (which shall not constitute notice) to: Global Capital Advisors, LLC 227 King Street Frederiksted, USVI 00000 Xxxxxxxxx: Xxxxx Xxxxxx Facsimile: 340.719.3974 pxxxxxxx, xxxever, that if, by the Trustee; and if in the case reason of joint holders of any Warrants more than one address a strike, lockout or telecopy number appears on the register in respect of that joint holdingother work stoppage, actual or threatened, involving Canadian postal employers, the notice shall could reasonably be addressed considered unlikely to reach or likely to be delayed in reaching its destination, the notice will be valid and effective only if it is so delivered or is given by publication twice in the Report on Business section in the national edition of The Globe and Mail newspaper and the U.S. edition of The Wall Street Journal. (2) A notice so given by mail or so delivered will be deemed to have been given on the fifth business day after it has been mailed or on the day which it has been delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any and a notice so given shall by publication will be deemed to have been received given on the day on which it has been published as required. In determining under any provision hereof the date when notice of delivery by hand a meeting or telecopy orother event must be given, if mailed, on the next business day following date of giving notice will be included and the day of mailing date of the noticemeeting or other event will be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall will not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if published or distributed once in the Report on Business section of the national edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 1 contract

Samples: Warrant Indenture (Crystallex International Corp)

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, A. Nothing contained in this Agreement or in any notice to be given hereunder to Warrantholders of the Warrants shall be written and shall be deemed construed as conferring upon the holders thereof the right to be validly given if the vote or to consent or to receive notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register as stockholders in respect of that joint holding, the notice shall be addressed or delivered, as meetings of stockholders for the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day election of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing directors of the notice. Accidental error Company or omission in giving notice any other matters, or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if published or distributed once in the Report on Business section rights whatsoever as stockholders of the national edition of The Globe and Mail newspaperCompany; provided, orhowever, that in the event that a meeting of stockholders shall be called to consider and take action on a disruption proposal for the voluntary dissolution of the Company, other than in connection with a consolidation, merger or sale of all, or substantially all, of its property, assets, business and goodwill as an entirety, then and in that event the circulation of that newspaper, Company shall cause a notice thereof to be published at least once a week for _______ consecutive weeks in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto Dallas, Texas and Vancouver; provided that in the case of a notice convening a meeting of the holders of WarrantsNew York, the Trustee may require New York, such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or publication to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed completed at least 20 days prior to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting fixed as a record date or other event must be given, the date of giving closing the transfer books for the determination of the stock holders entitled to vote at such meeting. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or receive such notice or any defect therein or in the mailing thereof shall not affect the validity of any action taken in connection with such voluntary dissolution. If such notice shall have been so given and if such a voluntary dissolution shall be included authorized at such meeting or any adjournment thereof, then for and after the date on which such voluntary dissolution shall have been duly authorized by the stockholders, the purchase rights represented by the Warrants and other rights with respect thereto shall cease and terminate. B. If the Company shall make any distribution on, or to holders of, its Common Stock (or other property which may be purchasable in lieu thereof upon the exercise of Warrants) of any property (other than a cash dividend), the Company shall cause a notice of its intention to make such distribution to be published at least once a week for ______ consecutive weeks in a newspaper of general circulation in Dallas, Texas and New York, New York, such publication to be completed at least 20 days prior to the date fixed as a record date or the date of closing the meeting transfer books for the determination of the stockholders entitled to receive such distribution. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or other event said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or to receive such notice or any defect therein or in the mailing thereof shall be excludednot affect the validity of any action taken in connection with such distribution.

Appears in 1 contract

Samples: Warrant Agreement (Energy Search Inc)

Notice to Warrantholders. (1) Unless herein otherwise expressly A. Nothing contained in this Agreement or in any of the Warrants shall be construed as conferring upon the holders thereof the right to vote or to consent or to receive notice as stockholders in respect of the meetings of stockholders for the election of directors of the Company or any other matters, or any rights whatsoever as stockholders of the Company; provided, any however, that in the event that a meeting of stockholders shall be called to consider and take action on a proposal for the voluntary dissolution of the Company, other than in connection with a consolidation, merger or sale of all, or substantially all, of its property, assets, business and goodwill as an entirety, then and in that event the Company shall cause a notice thereof to be given hereunder to Warrantholders shall be written and shall be deemed to be validly given if the notice is sent by prepaid first class mail, addressed postage prepaid, at least 20 days prior to said date fixed as a record date or said date of closing the transfer books, to each registered holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) of Warrants at their respective addresses and telecopy numbers his address appearing on the register maintained by the TrusteeWarrant register; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental but failure to mail or receive such notice to or any Warrantholder defect therein or in the mailing thereof shall not invalidate affect the validity of any action taken in connection with such voluntary dissolution. If such notice shall have been so given and if such a voluntary dissolution shall be authorized at such meeting or proceeding founded thereonany adjournment thereof, then for and after the date on which such voluntary dissolution shall have been duly authorized by the stockholders, the purchase rights represented by the Warrants and other rights with respect thereto shall cease and terminate. B. If the Company shall make any distribution on, or to holders of, its Common Stock (2) If, by reason of strike, lock-out or other work stoppageproperty which may be purchasable in lieu thereof upon the exercise of Warrants) of any property (other than a cash dividend), actual or threatened, involving postal employees, any the Company shall cause a notice of its intention to make such distribution to be given sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or said date of closing the Warrantholders hereunder could reasonably be considered unlikely transfer books, to reach each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or be delayed in reaching its destination, the to receive such notice shall be valid and effective if published or distributed once any defect therein or in the Report on Business section of mailing thereof shall not affect the national edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice validity of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excludedaction taken in connection with such distribution.

Appears in 1 contract

Samples: Warrant Agreement (Rcontest Com Inc)

Notice to Warrantholders. (1a) Unless herein otherwise expressly providedprovided in this Indenture, any notice to be given hereunder delivered to Warrantholders shall be written and shall under this Indenture will be deemed to be validly given if the notice is sent by prepaid mail, mail addressed to the holder Warrantholder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers the Warrantholders; address appearing on the register maintained by the Trustee; Warrant Agent, and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall will be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. The Warrant Agent will give, in the same manner as for Warrantholders set out above, a copy of each such notice to the Agent in the manner provided at Subsection 12.1(a) as follows: Xxxxxxx Securities Inc., 2000 – 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx, X0X 0X0, Attention: Xxxxxxx Xxxxxxxx, Securities Manager; Telephone (000) 000-0000; Facimilie: (000) 000-0000. Any notice so given shall will be deemed to have been received given on the day of delivery if delivered by hand hand, or telecopy or, if mailed, on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonBusiness Day if delivered by mail. (2b) If, by reason of postal strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national National edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee Warrant Agent of general circulation in the City of Toronto Vancouver and Vancouverin the City of Toronto; provided that in the case of a notice convening a meeting of the holders of WarrantsWarrantholders, the Trustee Warrant Agent may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants Warrantholders or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (Midway Gold Corp)

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, any a notice to be given hereunder to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid ordinary mail or air mail, postage prepaid, addressed to the holder holders or delivered by hand or transmitted by telecopy prepaid courier (or so mailed to certain holders and so delivered to other holders and so telecopied to the other holders) at their respective addresses and telecopy numbers appearing on any of the register maintained by the Trusteeregisters above mentioned; and if in the case of joint holders of any Warrants Warrant more than one address or telecopy number appears on the register in respect of that the joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address so appearing. The Warrant Agent shall give, in the same manner as for Warrantholders set out above, a copy of each such notice to Versant Partners Inc., Attention: Syndication (Facsimile No. 000-000-0000, with a copy to Xxxxxx Xxxxxxx LLP, Attention: Xxxxx Xxxx (Facsimile No. 416-360-8425). Any notice so given by mail or telecopier numberso delivered by hand shall be deemed to have been given on the fifth business day after it has been mailed or on the day upon which it has been delivered, or if sent by facsimile on the first business day following the transmission, as the case may be. In determining under any provision hereof the date when notice of any meeting or other event must be given, so appearing. Any the date of giving the notice so given shall be deemed to have been received on included and the day of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing date of the noticemeeting or other event shall be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of a strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any a notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or to be delayed in reaching its destination, the notice shall will be valid and effective only if it is published or distributed once in the Report on Business section of in the national edition of The Globe and Mail newspaper, or, in the event of if there is a disruption in the of circulation of that newspaper, once in a daily newspaper in the an English language newspaper of general circulation and approved by the Trustee of general circulation Warrant Agent in the City of Toronto and Vancouver; provided that and, in the case of a notice convening a meeting of the holders of WarrantsWarrantholders, the Trustee may require with such additional publications of that noticepublications, in the same or in other cities or both, as it may deem the Warrant Agent deems necessary for the reasonable protection of the holders of Warrants Warrantholders or to comply with any applicable requirement of law or a stock exchange on which the Shares are listed and if a daily newspaper of general circulation is not, for any stock exchangereason, published at the time in the English language in any city, the notice may be published in any other publication available in that city as is acceptable to the Warrant Agent. Any A notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city all the cities if more than one publication in that city any of them is required). In determining under any provision hereof, the date when notice . (3) Any mailings to or from outside of any meeting or other event must be given, the date of giving notice Canada shall be included and the date of the meeting made by postage prepaid mail or other event shall be excludedby prepaid courier.

Appears in 1 contract

Samples: Warrant Indenture (Adherex Technologies Inc)

Notice to Warrantholders. (1) Unless herein otherwise expressly providedprovided herein, any notice to be given hereunder to the Warrantholders under the provisions of this Indenture shall be written valid and shall be deemed to be validly given effective if the notice is delivered or sent by prepaid mail, ordinary post addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain such holders and so delivered to other holders and so telecopied to other holders) at their respective post office addresses and telecopy numbers appearing on the register maintained by the Trustee; hereinbefore mentioned and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been effectively received and given on the day date of delivery by hand or telecopy or, if mailed, on the next business day third Business Day following the day date of mailing such notice. In the event that Warrants are held in the name of the noticeDepository, a copy of such notice shall also be sent by electronic communication to the Depository and shall be deemed received and given on the day it is so sent. Accidental error or omission The Corporation and/or the Warrant Agent, as applicable, shall concurrently deliver to the holders of Debentures (in giving the manner set out in the Debenture Indenture) a copy of any notice or accidental failure delivered to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonthe Warrantholders under this Indenture. (2) If, by reason of a strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the such notice shall be valid and effective only if published or distributed once it is delivered to such Warrantholders to the address for such Warrantholders contained in the Report on Business section register maintained by the Warrant Agent or such notice may be given, at the Corporation’s expense, by means of publication in the national edition of The Globe and Mail newspaperMail, orNational Edition, in the event of a disruption in the circulation of that newspaper, once in a or any other English language daily newspaper in the English language approved by the Trustee or newspapers of general circulation in the City of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that noticeCanada, in the same or in other cities or botheach two successive weeks, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with and any applicable requirement of law or any stock exchange. Any so notice so given published shall be deemed to have been received and given on the day on which it has been published latest date the publication takes place. (3) Accidental error or omission in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excludedaccidental failure to mail notice to any Warrantholder will not invalidate any action or proceeding founded thereon.

Appears in 1 contract

Samples: Warrant Indenture

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, any notice to be given hereunder to Warrantholders shall be written and shall be deemed to be validly given if the notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy facsimile machine (or so mailed to certain holders and so delivered to other holders and so telecopied delivered by facsimile machine to other holders) at their respective addresses and telecopy facsimile numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy facsimile number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier facsimile number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day of delivery by hand or telecopy facsimile or, if mailed, on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if notice is given to Sprott Global Resource Investments, Ltd. at 0000 Xxxxxxx Xxxxx Xxx, Xxxxx 000, Xxxxxxxx, XX 00000 (fax 000-000-0000) and published or distributed once in the Report on Business section of the national edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City Cities of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 1 contract

Samples: Warrant Indenture (Vista Gold Corp)

Notice to Warrantholders. (1) 11.2.1 Unless herein otherwise expressly provided, any notice to be given hereunder to Warrantholders shall be written and shall be deemed to be validly given if the notice is sent by prepaid mail, prepaid, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; Trustee and if if, in the case of joint holders of any Warrants Warrants, more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing of the notice. Accidental No accidental error or omission in giving notice or accidental failure to mail give notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) 11.2.2 If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national National edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in each of the City cities of Toronto Vancouver and VancouverToronto; provided provided, however, that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining determining, under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 1 contract

Samples: Warrant Indenture (Golden Queen Mining Co LTD)

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Notice to Warrantholders. (1) 2.12.1 Unless herein otherwise expressly provided, any a notice to be given hereunder to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid first class mail, postage prepaid, addressed to the holder holders or delivered by hand or transmitted by telecopy prepaid overnight courier (or so mailed to certain holders and so delivered to other holders and so telecopied to the other holders) at their respective addresses and telecopy numbers appearing on any of the register maintained by the Trusteeregisters above mentioned; and if in the case of joint holders of any Warrants Warrant more than one address or telecopy number appears on the register in respect of that the joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address so appearing. 2.12.2 Any notice so given by mail or telecopier numberso delivered by hand shall be deemed to have been given on the fifth business day after it has been mailed or on the day upon which it has been delivered, or if sent by facsimile on the first business day following the transmission, as the case may be. In determining under any provision hereof the date when notice of any meeting or other event must be given, so appearing. Any the date of giving the notice so given shall be deemed to have been received on included and the day of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing date of the noticemeeting or other event shall be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) 2.12.3 If, by reason of a strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any a notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or to be delayed in reaching its destination, the notice shall will be valid and effective only if it is published or distributed once in the Report on Business section of in the national edition of The Globe and Mail newspaper, or, in the event of if there is a disruption in the of circulation of that newspaper, once in a daily newspaper in the an English language newspaper of general circulation and approved by the Trustee of general circulation Warrant Agent in the City Cities of Vancouver, Calgary, Xxxxxx, Winnipeg, Toronto and Vancouver; provided that Montreal and, in the case of a notice convening a meeting of the holders of WarrantsWarrantholders, the Trustee may require with such additional publications of that noticepublications, in the same or in other cities or both, as it may deem the Warrant Agent deems necessary for the reasonable protection of the holders of Warrants Warrantholders or to comply with any applicable requirement of law or a stock exchange on which the Shares are listed and if a daily newspaper of general circulation is not, for any stock exchangereason, published at the time in the English language in any city, the notice may be published in any other publication available in that city as is acceptable to the Warrant Agent. Any A notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city all the cities if more than one publication in that city any of them is required). In determining under any provision hereof, the date when notice . 2.12.4 Any mailings to or from outside of any meeting or other event must be given, the date of giving notice Canada shall be included and the date of the meeting made by postage prepaid first class mail or other event shall be excludedby prepaid overnight courier.

Appears in 1 contract

Samples: Share Purchase Warrant Indenture (ConPharm)

Notice to Warrantholders. (1a) Unless herein otherwise expressly providedprovided in this Indenture, any notice to be given hereunder delivered to Warrantholders shall be written and shall under this Indenture will be deemed to be validly given if the notice is sent by prepaid mail, mail addressed to the holder Warrantholder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers the Warrantholder’s address appearing on the register maintained by the Trustee; Warrant Agent, and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall will be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. The Warrant Agent will give, in the same manner as for Warrantholders set out above, a copy of each such notice to the Agent in the manner provided at Subsection 12.1(a) as follows: Hxxxxxx Securities Inc., 2000 – 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx, X0X 0X0, Attention: Mxxxxxx Xxxxxxxx, Securities Manager; Telephone (000) 000-0000; Facimilie: (000) 000-0000. Any notice so given shall will be deemed to have been received given on the day of delivery if delivered by hand hand, or telecopy or, if mailed, on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonBusiness Day if delivered by mail. (2b) If, by reason of postal strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national National edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee Warrant Agent of general circulation in the City of Toronto Vancouver and Vancouverin the City of Toronto; provided that in the case of a notice convening a meeting of the holders of WarrantsWarrantholders, the Trustee Warrant Agent may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants Warrantholders or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall will be deemed to have been given on the day on - 37 - which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (Midway Gold Corp)

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, A. Nothing contained in this Agreement or in any notice to be given hereunder to Warrantholders of the Warrants shall be written and shall be deemed construed as conferring upon the holders thereof the right to be validly given if the vote or to consent or to receive notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register as stockholders in respect of that joint holding, the notice shall be addressed or delivered, as meetings of stockholders for the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day election of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing directors of the notice. Accidental error Company or omission in giving notice any other matters, or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if published or distributed once in the Report on Business section rights whatsoever as stockholders of the national edition of The Globe and Mail newspaperCompany; provided, orhowever, that in the event that a meeting of stockholders shall be called to consider and take action on a disruption proposal for the voluntary dissolution of the Company, other than in connection with a consolidation, merger or sale of all, or substantially all, of its property, assets, business and goodwill as an entirety, then and in that event the circulation of that newspaper, Company shall cause a notice thereof to be published at least once a week for two consecutive weeks in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto Denver, Colorado and Vancouver; provided that in the case of a notice convening a meeting of the holders of WarrantsNew York, the Trustee may require New York, such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or publication to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed completed at least 20 days prior to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting fixed as a record date or other event must be given, the date of giving closing the transfer books for the determination of the stock holders entitled to vote at such meeting. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or receive such notice or any defect therein or in the mailing thereof shall not affect the validity of any action taken in connection with such voluntary dissolution. If such notice shall have been so given and if such a voluntary dissolution shall be included authorized at such meeting or any adjournment thereof, then for and after the date on which such voluntary dissolution shall have been duly authorized by the stockholders, the purchase rights represented by the Warrants and other rights with respect thereto shall cease and terminate. B. If the Company shall make any distribution on, or to holders of, its Common Stock (or other property which may be purchasable in lieu thereof upon the exercise of Warrants) of any property (other than a cash dividend), the Company shall cause a notice of its intention to make such distribution to be published at least once a week for two consecutive weeks in a newspaper of general circulation in Denver, Colorado and New York, New York, such publication to be completed at least 20 days prior to the date fixed as a record date or the date of closing the meeting transfer books for the determination of the stockholders entitled to receive such distribution. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or other event said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or to receive such notice or any defect therein or in the mailing thereof shall be excludednot affect the validity of any action taken in connection with such distribution.

Appears in 1 contract

Samples: Warrant Agreement (New Frontier Media Inc /Co/)

Notice to Warrantholders. (1) Unless herein otherwise expressly providedprovided herein, any notice to be given hereunder to the Warrantholders under the provisions of this Indenture shall be written valid and shall be deemed to be validly given effective if the notice is delivered or sent by prepaid mail, ordinary post addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain such holders and so delivered to other holders and so telecopied to other holders) at their respective post office addresses and telecopy numbers appearing on the register maintained by the Trustee; hereinbefore mentioned and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been effectively received and given on the day date of delivery by hand if that date is a Business Day or telecopy the Business Day following the date of delivery if such date is not a Business Day or, if mailed, on the next business day third Business Day following the day date of mailing such notice. In the event that Warrants are held in the name of the notice. Accidental error or omission in giving Depository, a copy of such notice or accidental failure shall also be sent by electronic communication to mail notice to any Warrantholder the Depository and shall not invalidate any action or proceeding founded thereonbe deemed received and given on the day it is so sent. (2) If, by reason of a strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Registered Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the such notice shall may be valid and effective if published or distributed once in the Report on Business section of the national edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once given in a daily newspaper in news release disseminated through a newswire service, filed on the English language approved by Corporation’s issuer profile on SEDAR at xxx.xxxxx.xxx, and posted on the Trustee of general circulation in the City of Toronto and VancouverCorporation’s website; provided that in the case of a notice convening a meeting of the holders of WarrantsWarrantholders, the Trustee Warrant Agent may require such additional publications of that notice, in the same Vancouver, British Columbia or in other cities or both, as it may deem necessary for the reasonable protection notification of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required required. (3) Accidental error or first published omission in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excludedaccidental failure to mail notice to any Warrantholder will not invalidate any action or proceeding founded thereon.

Appears in 1 contract

Samples: Warrant Indenture

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, any a notice to be given hereunder to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid ordinary mail or air mail, postage prepaid, addressed to the holder holders or delivered by hand or transmitted by telecopy prepaid courier (or so mailed to certain holders and so delivered to other holders and so telecopied to the other holders) at their respective addresses and telecopy numbers appearing on any of the register maintained by the Trustee; and if registers above mentioned. The Warrant Agent shall give, in the case same manner as for Warrantholders set out above, a copy of joint holders of any Warrants more than one address each such notice to Canaccord Genuity Corp., Attention: Xxxx Xxxxx (Facsimile No. (000) 000-0000), with a copy to Blake, Xxxxxxx & Xxxxxxx LLP, Attention: Xxx Xxxxxx (Facsimile No. (000) 000-0000). Any notice so given by mail or telecopy number appears so delivered by hand shall be deemed to have been given on the register in respect of that joint holdingfifth business day after it has been mailed or on the day upon which it has been delivered, respectively, or if sent by facsimile on the notice shall be addressed or deliveredfirst business day following the transmission, as the case may be. In determining under any provision hereof the date when notice of any meeting or other event must be given, only to the first address or telecopier number, as date of giving the case may be, so appearing. Any notice so given shall be deemed to have been received on included and the day of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing date of the noticemeeting or other event shall be excluded. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of a strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any a notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or to be delayed in reaching its destination, the notice shall will be valid and effective only if published it is delivered personally to such Warrantholders or distributed once if delivered to the address for such Warrantholders contained in the Report on Business section register of the national edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved Warrants maintained by the Trustee Warrant Agent, by telecopy or other means of general circulation in the City prepaid transmittal and recorded communication. (3) Any mailings to or from outside of Toronto and Vancouver; provided that in the case of a notice convening a meeting of the holders of Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given Canada shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (made by postage prepaid mail or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excludedby prepaid courier.

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture (Primero Mining Corp)

Notice to Warrantholders. (1a) Unless herein otherwise expressly provided, Nothing contained in this Agreement or in any notice to be given hereunder to Warrantholders of the Warrants shall be written and shall be deemed construed as conferring upon the holders thereof the right to be validly given if the vote or to consent or to receive notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register as stockholders in respect of any meeting of stockholders for the election of directors of the Company or any other matters, or any rights whatsoever as stockholders of the Company; provided, however, that joint holdingin the event that a meeting of stockholders shall be called to consider and take action on a proposal for the voluntary dissolution of the Company, or a consolidation, merger, or sale of all or substantially all of its assets (collectively, the notice shall be addressed or delivered"Notice Events"), as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid then and effective if published or distributed once in the Report on Business section of the national edition of The Globe and Mail newspaper, or, in the event of a disruption in each such Notice Event the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; provided that in the case of Company shall cause a notice convening a meeting of the holders of Warrantsthereof to be sent by first-class mail, the Trustee may require such additional publications of that noticepostage prepaid, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or at least 15 days prior to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting fixed as a record date or other event must be given, the date of giving closing the transfer books in connection with each Notice Event, to each registered holder of Warrants at his address appearing on the Warrant Register. Failure to mail or receive such notice or any defect therein or in the mailing thereof shall not affect the validity of any action taken in connection with a Notice Event. If such notice shall have been so given and if a voluntary dissolution shall be included authorized at such meeting or any adjournment thereof, then from and after the date on which such voluntary dissolution shall have been duly authorized by the stockholders, the purchase rights represented by the Warrants and other rights with respect thereto shall cease and terminate. Until the Warrant Agent receives written notice from the Company of the authorization of voluntary dissolution by the stockholders, the Warrant Agent shall be authorized to act in accordance with the terms of this Agreement. (b) If the Company shall make any distribution on, or to holders of, its Common Stock (or other property which may be purchasable in lieu thereof upon the exercise of Warrants) of any property (other than cash dividends or dividends payable solely in Common Stock), the Company shall cause a notice of its intention to make such distribution to be sent by first-class mail, postage prepaid, at least 15 days prior to the date fixed as a record date or the date of closing the meeting transfer books in connection with such distribution, to each registered holder of Warrants at his address appearing on the Warrant Register. Failure to mail or other event to receive such notice or any defect therein or in the mailing thereof shall be excludednot affect the validity of any action taken in connection with such distribution.

Appears in 1 contract

Samples: Warrant Agreement (Collegiate Pacific Inc)

Notice to Warrantholders. (1) Unless herein otherwise expressly provided, Nothing contained in this Agreement or in any notice to be given hereunder to Warrantholders of the Warrants shall be written and shall be deemed construed as conferring upon the holders thereof the right to be validly given if the vote or to consent or to receive notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register as stockholders in respect of that joint holding, the notice shall be addressed or delivered, as meetings of stockholders for the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day election of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing directors of the notice. Accidental error Company or omission in giving notice any other matters, or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if published or distributed once in the Report on Business section rights whatsoever as stockholders of the national edition of The Globe and Mail newspaperCompany; provided, orhowever, that in the event that a meeting of stockholders shall be called to consider and take action on a disruption proposal for the voluntary dissolution of the Company, other than in connection with a consolidation, merger or sale of all, or substantially all, of its property, assets, business and goodwill as an entirety, then and in that event the circulation of that newspaper, Company shall cause a notice thereof to be published at least once a week for two consecutive weeks in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto Dallas, Texas and Vancouver; provided that in the case of a notice convening a meeting of the holders of WarrantsNew York, the Trustee may require New York, such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or publication to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed completed at least 20 days prior to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting fixed as a record date or other event must be given, the date of giving closing the transfer books for the determination of the stock holders entitled to vote at such meeting. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or receive such notice or any defect therein or in the mailing thereof shall not affect the validity of any action taken in connection with such voluntary dissolution. If such notice shall have been so given and if such a voluntary dissolution shall be included authorized at such meeting or any adjournment thereof, then for and after the date of on which such voluntary dissolution shall have been duly authorized by the meeting or stockholders, the purchase rights represented by the Warrants and other event rights with respect thereto shall be excludedcease and terminate.

Appears in 1 contract

Samples: Warrant Agreement (Bioshield Technologies Inc)

Notice to Warrantholders. (1a) Unless herein otherwise expressly providedprovided in this Agreement, any notice to be given hereunder under this Agreement to Warrantholders shall be written and shall will be deemed to be validly given if the notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy fax (or so mailed to certain holders and so delivered to other holders and so telecopied faxed to other holders) at their respective addresses and telecopy numbers fax number appearing on the register maintained by the Trustee; Trustee and if in the case of joint holders of any Unit Warrants more than one address or telecopy fax number appears on the register in respect of that joint holding, the notice shall will be addressed or delivered, as the case may be, only to the first address or telecopier fax number, as the case may be, be so appearing. The Trustee will give, in the same manner as for Warrantholders set out above, a copy of each such notice to Maitland & Company, Barristers & Solicitors, 700 - 000 Xxxx Xxxxxx, Vancouver, British Columbia, V6C 2T6 (fax no.: (000) 000-0000) (Attention: Xxxxxxxxxxx X. Xxxxxx). Any notice so given shall will be deemed to have been given and received on the day of delivery by hand or telecopy orfax, if mailed, or on the next business day following the day of mailing of the notice. Accidental error or omission in giving notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonif delivered by mail. (2b) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall may be valid and effective if published or distributed once in the Report on Business section of the national edition of The Globe and Mail newspaper, or, in the event of a disruption in the circulation of that newspaper, once in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouver; National Post provided that in the case of a notice convening a meeting of the holders of Unit Warrants, the Trustee may require such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Unit Warrants or to comply with any applicable requirement of law or any stock exchange. Any notice so given shall will be deemed to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining determining, under any provision hereofof this Agreement, the date when notice of any meeting or other event must be given, the date of giving notice shall will be included and the date of the meeting or other event shall will be excluded.

Appears in 1 contract

Samples: Share Purchase Warrant Agreement (Urbana Ca Inc)

Notice to Warrantholders. (1) ‌ 10.2.1 Unless herein otherwise expressly providedprovided herein, any notice to be given hereunder to the Warrantholders under the provisions of this Indenture shall be written valid and shall be deemed to be validly given effective if the notice is delivered or sent by prepaid mail, telecopy or by ordinary post addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain such holders and so delivered to other holders and so telecopied to other holders) at their respective post office addresses and telecopy numbers appearing on the register maintained by the Trustee; hereinbefore mentioned and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register in respect of that joint holding, the notice shall be addressed or delivered, as the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received effectively given on the day date of delivery by hand or telecopy or, if mailed, on the next business day fifth (5th) Business Day following the day of mailing date of the notice. Accidental error or omission in giving postmark on such notice or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereonor, if telecopied, on the next Business Day following the date of transmission, provided that its contents are transmitted and received completely and accurately. (2) 10.2.2 If, by reason of a strike, lock-out lockout or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the such notice shall be valid and effective only if such notice is published or distributed once in the Report on Business section of the national edition National Edition of The Globe and Mail newspaper, or, if the National Edition of The Globe and Mail is not being generally circulated, in The National Post, and, if the event National Edition of a disruption in The Globe and Mail (or The National Post if the circulation of that newspaper, once notice is published therein) is not circulated in a city where a Warrant Agency is situated, in an English language daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto and Vancouversuch city; provided that in the case of a notice convening a meeting of the holders of WarrantsWarrantholders, the Trustee Warrant Agent may require such additional publications of that such notice, in the same or in other cities another city or both, both as it may deem necessary for the reasonable protection of the holders of Warrants Warrantholders or to comply with any applicable requirement requirements of law or of any stock exchange. Any notice so given shall be deemed to have been given on the day on which it has been published in the National Edition of The Globe and Mail or The National Post, as the case may be, and in all of the cities in which such publication was required (or first published in a city all such cities if more than one publication in that any such city is required). In determining under any provision hereof, hereof the date when notice of any meeting or other event must be given, the date of giving notice shall be included and the date of the meeting or other event shall be excluded.

Appears in 1 contract

Samples: Warrant Indenture

Notice to Warrantholders. (1a) Unless herein otherwise expressly provided, Nothing contained in this Agreement or in any notice to be given hereunder to Warrantholders of the Warrants shall be written and shall be deemed construed as conferring upon the holders thereof the right to be validly given if the vote or to consent or to receive notice is sent by prepaid mail, addressed to the holder or delivered by hand or transmitted by telecopy (or so mailed to certain holders and so delivered to other holders and so telecopied to other holders) at their respective addresses and telecopy numbers appearing on the register maintained by the Trustee; and if in the case of joint holders of any Warrants more than one address or telecopy number appears on the register as stockholders in respect of that joint holding, the notice shall be addressed or delivered, as meetings of stockholders for the case may be, only to the first address or telecopier number, as the case may be, so appearing. Any notice so given shall be deemed to have been received on the day election of delivery by hand or telecopy or, if mailed, on the next business day following the day of mailing directors of the notice. Accidental error Company or omission in giving notice any other matters, or accidental failure to mail notice to any Warrantholder shall not invalidate any action or proceeding founded thereon. (2) If, by reason of strike, lock-out or other work stoppage, actual or threatened, involving postal employees, any notice to be given to the Warrantholders hereunder could reasonably be considered unlikely to reach or be delayed in reaching its destination, the notice shall be valid and effective if published or distributed once in the Report on Business section rights whatsoever as stockholders of the national edition of The Globe and Mail newspaperCompany; provided, orhowever, that in the event that a meeting of stockholders shall be called to consider and take action on a disruption proposal for the voluntary dissolution of the Company, other than in connection with a consolidation, merger or sale of all, or substantially all, of its property, assets, business and goodwill as an entirety, then and in that event the circulation of that newspaper, Company shall cause a notice thereof to be published at least once a week for two consecutive weeks in a daily newspaper in the English language approved by the Trustee of general circulation in the City of Toronto Dallas, Texas and Vancouver; provided that in the case of a notice convening a meeting of the holders of WarrantsNew York, the Trustee may require New York, such additional publications of that notice, in the same or in other cities or both, as it may deem necessary for the reasonable protection of the holders of Warrants or publication to comply with any applicable requirement of law or any stock exchange. Any notice so given shall be deemed completed at least 20 days prior to have been given on the day on which it has been published in all of the cities in which publication was required (or first published in a city if more than one publication in that city is required). In determining under any provision hereof, the date when notice of any meeting fixed as a record date or other event must be given, the date of giving closing the transfer books for the determination of the stock holders entitled to vote at such meeting. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid, at least 20 days prior to said date fixed as a record date or said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or receive such notice or any defect therein or in the mailing thereof shall not affect the validity of any action taken in connection with such voluntary dissolution. If such notice shall have been so given and if such a voluntary dissolution shall be included authorized at such meeting or any adjournment thereof, then for and after the date on which such voluntary dissolution shall have been duly authorized by the stockholders, the purchase rights represented by the Warrants and other rights with respect thereto shall cease and terminate. (b) If the Company shall make any distribution on, or to holders of, its Common Stock (or other property which may be purchasable in lieu thereof upon the exercise of Warrants) of any property (other than a cash dividend), the Company shall cause a notice of its intention to make such distribution to be published at least once a week for two consecutive weeks in a newspaper of general circulation in Dallas, Texas and New York, New York, such publication to be completed at least 20 days prior to the date fixed as a record date or the date of closing the meeting transfer books for the determination of the stockholders entitled to receive such distribution. The Company shall also cause a copy of such notice to be sent by first class mail, postage prepaid at least 20 days prior to said date fixed as a record date or other event said date of closing the transfer books, to each registered holder of Warrants at his address appearing on the Warrant register; but failure to mail or to receive such notice or any defect therein or in the mailing thereof shall be excludednot affect the validity of any action taken in connection with such distribution.

Appears in 1 contract

Samples: Warrant Agreement (Bioshield Technologies Inc)

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