Common use of Notification of approaches Clause in Contracts

Notification of approaches. (a) During the Exclusivity Period, Papillon must promptly notify B2Gold in writing if it, its Subsidiaries or any of its or their Representatives becomes aware of: (i) any approach, inquiry or proposal made to, and any attempt or any intention on the part of any person to initiate or continue any negotiations or discussions with Papillon or any of its Representatives with respect to, or that could reasonably be expected to lead to, any Competing Proposal, whether unsolicited or otherwise; (ii) any proposal whether written or otherwise made to Papillon, its Representatives or any of its Subsidiaries or their Representatives, in connection with, or in respect of any exploration or consummation of, a Competing Proposal or a proposed or potential Competing Proposal, whether unsolicited or otherwise; (iii) any request for information relating to Papillon or any member of the Papillon Group or any of their businesses or operations or any request for access to the books or records of Papillon or any member of the Papillon Group, which Papillon has reasonable grounds to suspect may relate to a current or future Competing Proposal; (iv) any intention by Papillon or any of its Representatives to provide any information relating to Papillon, any member of the Papillon Group or any of their businesses or operations to any person in connection with or for the purposes of a current or future Competing Proposal in reliance on clause 10.7; (v) any action by Papillon or any of its Representatives, or any intention of Papillon or any of its Representatives to take any action, in reliance on clause 10.7 (including under clause 10.4(a)(iv)); or (vi) any breach of this clause 10.4. (b) A notice given under this clause 10.4 must be accompanied by all material details of the relevant event, including: (i) the identity of the person or persons taking any action referred to in clause 10.4(a)(i) or 10.4(a)(ii) or on whose behalf any such action was taken or any person to whom Papillon intends to provide information under clause 10.4(a)(iii) (Third Party Bidder); (ii) the terms and conditions of any Competing Proposal or any proposed Competing Proposal (to the extent known); and (iii) the circumstances in which any information is provided to the Third Party Bidder.

Notification of approaches. (a) During the Exclusivity Period, Papillon Coalspur must promptly promptly, notify B2Gold KCE in writing if it, its Subsidiaries Subsidiaries, or any of its or their Representatives becomes aware of: (i) any approach, inquiry or proposal made to, and any attempt or any intention on the part of any person to initiate or continue any negotiations or discussions with Papillon Coalspur or any of its Representatives with respect to, or that could reasonably be expected to lead to, any Competing Proposal, whether unsolicited or otherwise; (ii) any proposal whether written or otherwise made to PapillonCoalspur, its Representatives or any of its Subsidiaries or their Representatives, in connection with, or in respect of any exploration or consummation of, a Competing Proposal or a proposed or potential Competing Proposal, whether unsolicited or otherwise; (iii) any request for information relating to Papillon Coalspur or any member of the Papillon Coalspur Group or any of their businesses or operations or any request for access to the books or records of Papillon Coalspur or any member of the Papillon Coalspur Group, which Papillon Coalspur has reasonable grounds to suspect may relate to a current or future Competing Proposal; (iv) any intention by Papillon or any of its Representatives to provide any information relating to Papillon, any member of the Papillon Group or any of their businesses or operations to any person in connection with or for the purposes of a current or future Competing Proposal in reliance on clause 10.7; (v) any action by Papillon Coalspur or any of its Representatives, or any intention of Papillon Coalspur or any of its Representatives to take any action, in reliance on clause 10.7 (including under clause 10.4(a)(iv))11.7; or (viv) any breach of this clause 10.411.4. (b) A notice given under this clause 10.4 11.4 must be accompanied by all material details of the relevant event, including: (i) the identity of the person or persons taking any action referred to in clause 10.4(a)(i11.4(a)(i) or 10.4(a)(ii11.4(a)(ii) or on whose behalf any such action was taken or any person to whom Papillon Coalspur intends to provide information under clause 10.4(a)(iii11.4(a)(iii) (Third Party Bidder); (ii) the terms and conditions of any Competing Proposal or any proposed Competing Proposal (to the extent known); and (iii) the circumstances in which any information is provided to the Third Party Bidder.