Option Scheme. The Company will propose a scheme of arrangement under which all of the Options are cancelled and Scheme Optionholders will be entitled to receive the Option Scheme Consideration.
Option Scheme. Jupiters must propose a scheme of arrangement under Part 5.1 of the Corporations Act between it and the Jupiters Optionholders in the form set out in annexure C or such other form as the parties agree in writing, under which, subject to the Scheme becoming Effective, all of the Scheme Options
Option Scheme. Benefit and waiver of conditions precedent
(a) The Conditions in clause 3.3(a)(Regulatory Approvals) are for the benefit of each party and any breach or non-fulfilment of them may only be waived (if capable of waiver) with the written consent of both parties, which consent either party may give or withhold in its absolute discretion.
(b) The Conditions in clauses 3.3(b) (Share Scheme Effective), 3.3(c) (Optionholder approval) and 3.3(d) (Court approval) cannot be waived.
(c) A party entitled to waive a Condition under this clause 3.4 may do so in its absolute discretion. Any waiver of a Condition by a party for whose benefit the condition applies must take place on or prior to the Delivery Time on the Second Court Date.
(d) If a party waives the breach or non-fulfilment of any of the Conditions in clause 3.4, that waiver will not preclude it from suing the other party for any breach of this agreement including a breach that resulted in the non-fulfilment of the Condition that was waived
Option Scheme. (a) Xplore must, as soon as reasonably practicable after the date of this agreement and substantially in compliance with the Timetable, propose a creditors' scheme of arrangement, to be conducted concurrently with the Share Scheme under which all outstanding Scheme Options will be cancelled and each Scheme Optionholder will be entitled to receive the Option Scheme Consideration.
(b) Xplore must not consent to any modification of, or amendment to, or the making or imposition by the Court of any condition in respect of, the Option Scheme without the prior written consent of HUB24.
Option Scheme conditional
Option Scheme. (a) The Option Scheme will be conditional on:
(i) the ASX granting a waiver from Listing Rule 6.23 in relation to the Option Scheme or PacMag Shareholders giving any necessary approvals under Listing Rule 6.23; and
(ii) the Share Scheme becoming Effective. These conditions cannot be waived.
(b) As soon as practicable after the Execution Date, PacMag must use its reasonable endeavours to procure that ASX grants a waiver from Listing Rule 6.23 in respect of the Option Scheme.
(c) If the waiver referred to in clause 3.5(b):
(i) is obtained on or before the draft Scheme Booklet is given to ASIC but is subject to one or more conditions that are not satisfactory to Entrée; or
(ii) is not obtained on or before the draft Scheme Booklet is given to ASIC, PacMag agrees to seek any approvals that are required from the PacMag Shareholders under Listing Rule 6.23 in relation to the Option Scheme on the same date on which the Option Scheme Meeting is held.
Option Scheme. Consideration
(a) URI covenants in favour of Anatolia, in consideration for the cancellation of the Scheme Options held by each Scheme Optionholder under the terms of the Option Scheme, to provide or procure provision of the Option Scheme Consideration to each Scheme Optionholder on the Implementation Date and otherwise in accordance with the Option Scheme.
(b) Subject to clauses 4.10 and 4.11 and to the Option Scheme becoming Effective, at 10.00am on the Implementation Date, the transactions which form part of the Option Scheme will be implemented in the following sequence:
(i) each Scheme Optionholder will receive the Option Scheme Consideration for each Scheme Option held by that Scheme Optionholder at the Record Date, which is to be issued in the manner set out in clause 4.8; and
(ii) in exchange, all existing Scheme Options at the Record Date will be cancelled.
(c) URI covenants that, upon the exercise of any Unquoted URI Option or CDI Option granted as Option Scheme Consideration, it will, unless instructed otherwise by the holder of the Unquoted URI Option or CDI Option, issue the holder a CDI Share (representing New URI Shares) to be held on (at the election of the holder):
(i) the CHESS subregister; or
(ii) the issuer-sponsored subregister.
Option Scheme. That an option scheme of 10% of the fully diluted share capital shall be put in place as soon as possible to incentivise existing and new management.
Option Scheme. SMX must propose the Option Scheme, as a creditors’ scheme of arrangement, to be conducted concurrently with the Scheme under which:
(a) all of the Scheme Options will be deemed to have been exercised on the basis of a Cashless Exercise without any further act by any Option Scheme Participant (other than acts performed as attorney and agent for Option Scheme Participants under the Option Scheme); and
(b) all of the SMX Shares issued to each Option Scheme Participant as Option Exercise Shares will be cancelled in accordance with the Capital Reduction Resolution without any further act by any Option Scheme Participant (other than acts performed as agent of attorney for Option Scheme Participants under the Option Scheme).
Option Scheme
