Common use of Offeror’s Notice to Dissenting Shareholders Clause in Contracts

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 6 contracts

Samples: Indenture (Modern Mining Technology Corp.), Convertible Debenture Indenture (Siyata Mobile Inc.), Indenture (Organigram Holdings Inc.)

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Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 4 contracts

Samples: Note Indenture (PENGROWTH ENERGY Corp), Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 10.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(sDebenture(s) of such series to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 4 contracts

Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 3 contracts

Samples: Debenture Indenture (Molycorp, Inc.), Convertible Debenture Indenture (Anderson Energy LTD), Debenture Indenture (Ivanhoe Energy Inc)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 3 contracts

Samples: Secured Convertible Debenture Indenture (Starfighters Space, Inc.), Convertible Debenture Indenture, Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 3 contracts

Samples: Debenture Indenture (Bellatrix Exploration Ltd.), Convertible Debenture Indenture (Brigus Gold Corp.), Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 3 contracts

Samples: Trust Indenture (Primero Mining Corp), Trust Indenture (Canetic Resources Trust), Trust Indenture (Pengrowth Energy Trust)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.1 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 14.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 2 contracts

Samples: First Supplemental Convertible Debenture Indenture (Mogo Inc.), Convertible Debenture Indenture (Mogo Finance Technology Inc.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 10.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(sDebenture(s) of such series to the Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 1 contract

Samples: Trust Indenture (NexGen Energy Ltd.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) Certificate(s), or such other documents as the Trustee may require in lieu thereof, to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Secured Trust Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(sCertificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder and the Trustee stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) Certificated Debenture(s), or such other documents as the Trustee may require in lieu thereof, to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.Notice.‌

Appears in 1 contract

Samples: Debenture Indenture

Offeror’s Notice to Dissenting Shareholders. (1) Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 10.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer;outstanding (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 10.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(sDebenture(s) to such Person as the Trustee Offeror may direct within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Indenture (Kirkland Lake Gold Ltd.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 10.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(sCertificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Indenture (HEXO Corp.)

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Offeror’s Notice to Dissenting Shareholders. (1) Where an Offeror is entitled to acquire Debentures Notes held by Dissenting Debentureholders Noteholders pursuant to Section 11.2 10.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder Noteholder stating that: (a) Debentureholders Noteholders holding at least 90% of the principal amount of all outstanding DebenturesNotes, other than Offeror’s DebenturesNotes, have accepted the Offer; (b) the Offeror is bound to take up and pay for, or has taken up and paid for, the Debentures Notes of the Debentureholders Noteholders who accepted the Offer; (c) Dissenting Debentureholders Noteholders must transfer their respective Debentures Notes to the Offeror on the terms on which the Offeror acquired the Debentures Notes of the Debentureholders Noteholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders Noteholders must send their respective Debenture Note certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Indenture (Sundial Growers Inc.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”"OFFEROR'S NOTICE") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 1 contract

Samples: Trust Indenture (Harvest Energy Trust)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder and the Trustee stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) Certificated Debenture(s), or such other documents as the Trustee may require in lieu thereof, to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Debenture Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall must send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Trust Indenture (Boralex Inc.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 10.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Debenture Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(sCertificate(s) or DRS advices to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Indenture (Vision Marine Technologies Inc.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders Debentures representing holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s 's Debentures, have accepted been tendered to the Offer; (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 tendered to the Offer; (c) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted tendered to the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Trust Indenture (Timberwest Forest Corp)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures Notes held by Dissenting Debentureholders Noteholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to each Dissenting Debentureholder Noteholder stating that: (a) Debentureholders Noteholders holding at least 90% of the principal amount of all outstanding DebenturesNotes, other than Offeror’s DebenturesNotes, have accepted the Offer; (b) the Offeror is bound to take up and pay for, or has taken up and paid for, the Debentures Notes of the Debentureholders Noteholders who accepted the Offer; (c) Dissenting Debentureholders Noteholders must transfer their respective Debentures Notes to the Offeror on the terms on which the Offeror acquired the Debentures Notes of the Debentureholders Noteholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders Noteholders must send their respective Debenture Note certificate(s) to the Note Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Trust Indenture (Theratechnologies Inc.)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 10 days after the date of termination of the Offer a notice (the “Offeror’s Notice”) to the Debenture Trustee and to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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; (c) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Trust Indenture (Gastar Exploration LTD)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Initial Debentures held by Dissenting Debentureholders pursuant to Section 11.2 12.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s 's Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Initial Debentures, other than Offeror’s 's Initial Debentures, have accepted the Offer; (b) the Offeror is bound to take up and pay for, or has taken up and paid for, the Initial Debentures of the Debentureholders who accepted the Offer; (c) Dissenting Debentureholders must transfer their respective Initial Debentures to the Offeror on the terms on which the Offeror acquired the Initial Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s 's Notice; and (d) Dissenting Debentureholders must send their respective Initial Debenture certificate(s) to the Debenture Trustee within 21 days after the date of the sending of the Offeror’s 's Notice.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Offeror’s Notice to Dissenting Shareholders. Where an Offeror is entitled to acquire Debentures held by Dissenting Debentureholders pursuant to Section 11.2 and the Offeror wishes to exercise such right, the Offeror shall send by registered mail within 30 days after the date of termination of the Offer a notice (the "Offeror’s Notice") to each Dissenting Debentureholder stating that: (a) Debentureholders holding at least 90% of the principal amount of all outstanding Debentures, other than Offeror’s Debentures, have accepted the Offer; (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) Dissenting Debentureholders must transfer their respective Debentures to the Offeror on the terms on which the Offeror acquired the Debentures of the Debentureholders who accepted the Offer within 21 days after the date of the sending of the Offeror’s Notice; and (d) Dissenting Debentureholders must send their respective Debenture certificate(s) to the Trustee within 21 days after the date of the sending of the Offeror’s Notice.

Appears in 1 contract

Samples: Debenture Indenture

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