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.
Appears in 6 contracts
Samples: Indenture (Modern Mining Technology Corp.), Indenture (Aurora Cannabis Inc), Indenture (Aurora Cannabis Inc)
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 Section 11.3 and Section 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.
Appears in 2 contracts
Samples: Debenture Indenture, Convertible Debenture Indenture (Siyata Mobile Inc.)
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 10.3 and 11.510.5; and
(d) the Offer complies with applicable securities laws (including any applicable requirements of the U.S. Applicable Securities Exchange Act). Legislation, 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.
Appears in 1 contract
Samples: Indenture (HEXO Corp.)
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 Section 11.3 and Section 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 Debentureholders for the same consideration per Debenture payable or paid, as the case may be, under the Offer.
Appears in 1 contract
Samples: Indenture (Organigram Holdings Inc.)
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.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Offer for Debentures. If an Offer for all of the outstanding Debentures (other than Debentures held by beneficially owned, or on behalf of over which control or direction is exercised by, the Offeror or an Affiliate or Associate of the Offeror) is made or any person or company acting jointly or in concert with the Offeror 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 11.3 Section 12.03 and 11.5; and
(d) the Offer complies with applicable securities laws (including any applicable requirements of the U.S. Securities Exchange Act). Section 12.05, 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.
Appears in 1 contract
Samples: Supplemental Indenture (Dirtt Environmental Solutions LTD)
Offer for Debentures. (1) 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 Section 10.3 and 11.510.5; 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.
Appears in 1 contract
Samples: Indenture
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.
Appears in 1 contract
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 Section 11.3 and Section 11.5; and
(d) the Offer complies with applicable securities laws (including any applicable requirements of the U.S. Securities Exchange Act, U.S. Securities Act and state 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 Debentureholder Debentureholder(s) for the same consideration per Debenture payable or paid, as the case may be, under the Offer.
Appears in 1 contract
Samples: Convertible Debenture Indenture
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 10.3 and 11.510.5; 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.
Appears in 1 contract
Samples: Debenture Indenture