Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options and Warrants issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options and Warrants, the Company, the Parent, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.
Appears in 3 contracts
Samples: Acquisition Agreement, Acquisition Agreement, Arrangement Agreement (Ym Biosciences Inc)
Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Company Options, Legacy Options and Company Warrants issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common SharesCompany Shareholders, Options and WarrantsCompany Optionholders, Company Warrantholders, the Company, the Parent, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Company Shares, Company Options, Legacy Options or and Company Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.
Appears in 2 contracts
Samples: Arrangement Agreement (SNDL Inc.), Arrangement Agreement (Valens Company, Inc.)
Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Preferred Shares, Company Options, DSUs, RSUs and Warrants STARs issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options and WarrantsCompany Securityholders, the Company, the Parent, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Options Preferred Shares, Company Options, DSUs, RSUs or Warrants STARs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.
Appears in 2 contracts
Samples: Arrangement Agreement (Cnooc LTD), Arrangement Agreement (Nexen Inc)
Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Options, RSUs and Warrants SARs issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options Options, RSUs and WarrantsSARs, and the CompanyCorporation, the Parent, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Options or Warrants Options, RSUs and SARs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.
Appears in 2 contracts
Samples: Arrangement Agreement (Shockwave Medical, Inc.), Arrangement Agreement (Neovasc Inc)
Paramountcy. From and after the Effective Time: :
(a) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Company Warrants, and Company Options and Warrants issued or outstanding prior to the Effective Time, ;
(b) the rights and obligations of the registered holders of Common Company Shares, Options and Company Warrants, and Company, and the Company, the Parent, the PurchaserBuyer, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and ; and
(c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Company Shares, Options or Warrants Company Warrants, and Company, shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.
Appears in 2 contracts
Samples: Arrangement Agreement, Arrangement Agreement
Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Company Options and Company Warrants or any other securities of the Company issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options and WarrantsCompany Securityholders, the Company, the ParentPurchaser, the PurchaserSpinco, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Company Shares, Options Company Options, Company Warrants or Warrants any other securities of the Company issued prior to the Effective Time shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.
Appears in 1 contract
Paramountcy. From and after the Effective Time: (ai) this Plan of Arrangement shall take precedence and priority over any and all Common SharesAvion Shares and Avion Options, Options and Warrants issued or outstanding prior to the Effective Time, Time or pursuant to this Plan of Arrangement; (bii) the rights and obligations of the registered holders of Common SharesAvion Shares and Avion Options, Options and WarrantsAvion, Endeavour, the Company, the Parent, the Purchaser, the Depositary Depository and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, ; and (ciii) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common SharesAvion Shares or Avion Options, Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.
Appears in 1 contract
Samples: Amending Agreement
Paramountcy. From and after the Effective Time: Time (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Warrants, Options, RSAs and Warrants RSUs issued or outstanding prior to the Effective Time, (b) the rights and obligations of the registered holders of Common Shares, Options Warrants, Options, RSAs and WarrantsRSUs, the Company, the Parent, the PurchaserSub, the Depositary and any trustee or transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Options Warrants, Options, RSAs or Warrants RSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.
Appears in 1 contract
Samples: Arrangement Agreement (Nuance Communications, Inc.)
Paramountcy. From and after the Effective Time: Time (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options and Warrants issued or and outstanding prior to the Effective Time, (b) the rights and obligations of registered and beneficial Optionholders or Securityholders, and the holders of Common Shares, Options and WarrantsCorporation, the CompanyAcquiror, the Parent, the Purchaser, the Depositary and any registrar and transfer agent for the Common Shares, Options or other depositary therefor Warrants in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.
Appears in 1 contract
Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Shares and Warrants options (including the Options) issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options Shares and WarrantsOptions, the Company, the ParentAcquiror, the PurchaserAcquiror, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Shares or Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.
Appears in 1 contract
Paramountcy. From and after the Effective Time: Time (ai) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Warrants and Options and Warrants issued or outstanding prior to the Effective Time, (bii) the rights and obligations of the registered holders of Common Company Shares, Options Warrants and WarrantsOptions, and the Company, the Parent, the PurchaserSubco, the Depositary and any trustee or transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (ciii) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Company Shares, Warrants or Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.
Appears in 1 contract
Paramountcy. From and after the Effective Time: (ai) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options and Warrants Instadose Shares issued or outstanding prior to the Effective Time, ; (bii) the rights and obligations of the registered holders of Common SharesInstadose Shares (other than MZKR or any of its Affiliates), Options and Warrantsof Instadose, the Company, the Parent, the PurchaserMZKR, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, Arrangement and the Arrangement Agreement; and (ciii) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Options or Warrants Instadose Shares shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.
Appears in 1 contract
Paramountcy. From and after the Effective Time: (ai) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Options, RSUs and Warrants DSUs issued or outstanding prior to the Effective Time, (bii) the rights and obligations of the holders of Common Shares, Options Options, RSUs and WarrantsDSUs, the CompanyCorporation, the ParentAmalCo, the Purchaser, Purchaser and the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, and (ciii) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Common Shares, Options or Warrants Options, RSUs and DSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.
Appears in 1 contract
Samples: Arrangement Agreement (Nordion Inc.)