Offer for Debentures. If an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror) is made and:
(a) within the time provided in the Offer for its acceptance or within 120 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by Debentureholders representing at least 90% of the outstanding principal amount of the Debentures, other than the Offeror’s Debentures;
(b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of the Debentureholders who accepted the Offer; and
(c) the Offeror complies with Sections 12.3 and 12.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer.
Offer for Debentures. If an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror) is made and:
(a) within the time provided in the Offer for its acceptance or within 120 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by Debentureholders representing at least 90% of the outstanding principal amount of the Debentures, other than the Offeror’s Debentures;
(b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of the Debentureholders who accepted the Offer;
(c) the Offeror complies with Sections 11.3 and 11.5; and
(d) the Offer complies with applicable securities laws (including any applicable requirements of the U.S. Securities Exchange Act). the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer.
Offer for Debentures. Subject to Sections 3.1 and 3.2, if an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror or any person acting jointly or in concert with the Offeror) is made and:
(a) within the time provided in the Offer for its acceptance or within 60 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by holders of Debentures representing at least 90% of the outstanding principal amount of the Debentures of such series, other than the Offeror’s Debentures;
(b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of such series of the Debentureholders who accepted the Offer; and
(c) the Offeror complies with Sections 10.3 and 10.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures of such series held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer.
Offer for Debentures. In the event that an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror) is made and:
(a) within the time provided in the Offer for its acceptance, the Offer is accepted by Holders holding at least 90% of the outstanding principal amount of the Debentures other than the Offeror’s Debentures;
(b) the Offeror has taken up and paid for the Debentures of the Holders who accepted the Offer; and
(c) the Offeror complies with Sections 14.3 and 14.5; the Offeror shall be entitled to acquire, and the Dissenting Holders shall be required to sell to the Offeror, the Debentures held by the Dissenting Holders for the same consideration per Debenture payable or paid, as the case may be, under the Offer.
Offer for Debentures. 51 12.3 OFFEROR'S NOTICE TO DISSENTING SHAREHOLDERS..........................51 12.4
Offer for Debentures. 68 12.3 Offeror's Notice to Dissenting Shareholders ....................... 69 12.4 Delivery of Debenture Certificates ................................ 69 12.5 Payment of Consideration to Debenture Trustee ..................... 69 12.6 Consideration to be held in Trust ................................. 69 12.7 Completion of Transfer of Debentures to Offeror ................... 70 12.8 Communication of Offer to Corporation ............................. 70
Offer for Debentures. If an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror) is made and:
(a) within the time provided in the Offer for its acceptance or within 120 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted with respect to Debentures representing at least 90% of the outstanding principal amount of the Debentures, other than the Offeror's Debentures;
(b) the Offeror is bound to take up and pay for, or has taken up and paid for, the Debentures tendered to the Offer; and
(c) the Offeror complies with Section 12.3 and Section 12.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures held by the Dissenting Debentureholders on the same terms as the Offer (it being acknowledged that the amount of accrued interest may be different in each case), including the amount per $1,000 aggregate principal amount of Debentures payable or paid, as the case may be, under the Offer.
Offer for Debentures. If an Offer is made and:
(a) within the time provided in the Offer for its acceptance or within 45 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by Debentureholders representing at least 90% of the outstanding principal amount of the Debentures, other than the Offeror’s Debentures;
(b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of the Debentureholders who accepted the Offer; and
(c) the Offeror complies with Section 12.3 and Section 12.5; the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures held by the Dissenting Debentureholder for the same consideration per Debenture payable or paid, as the case may be, under the Offer. The Corporation will comply with all Applicable Securities Legislation and the United States securities laws and regulations to the extent such laws and regulations are applicable in the event that the Corporation is required to repurchase Initial Debentures pursuant to Article 12.
Offer for Debentures. If an Offer is made and:
(a) within the time provided in the Offer for its acceptance or within 45 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by Debentureholders representing at least 90% of the outstanding principal amount of the Debentures, other than the Offeror’s Debentures;
(b) the Offeror is unconditionally bound to take up and pay for, or has taken up and paid for the Debentures of the Debentureholders who accepted the Offer; and
(c) the Offeror complies with Sections 11.3 and 11.5; then the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures held by the Dissenting Debentureholders for the same consideration per Debenture payable or paid, as the case may be, under the Offer on the terms and subject to the conditions set forth in this Article 11.
Offer for Debentures. Subject to Section 3.1 and the Investor Rights Agreement, if an Offer for all of the outstanding Debentures (other than Debentures held by or on behalf of the Offeror or an Affiliate or Associate of the Offeror or any person acting jointly or in concert with the Offeror) is made and:
(a) within the time provided in the Offer for its acceptance or within 60 days after the date the Offer is made, whichever period is the shorter, the Offer is accepted by holders of Debentures representing at least 90% of the outstanding principal amount of the Debentures of such series, other than the Offeror’s Debentures;
(b) the Offeror is bound to take up and pay for, or has taken up and paid for the Debentures of the Debentureholders who accepted the Offer;
(c) the Offeror complies with Sections 10.3 and 10.5; and
(d) the Offeror complies with Applicable Securities Laws, the Offeror is entitled to acquire, and the Dissenting Debentureholders are required to sell to the Offeror, the Debentures held by the Dissenting Debentureholders for the same consideration per Debenture payable or paid, as the case may be, under the Offer. The Trustee has no duty or responsibility with regards to the Investor Rights Agreement.
