Common use of Powers Exercisable by Extraordinary Resolution Clause in Contracts

Powers Exercisable by Extraordinary Resolution. In addition to all other powers conferred upon them by any other provisions of this Indenture or by law, the Warrantholders at a meeting shall have the power, exercisable from time to time by extraordinary resolution: (a) to agree with the Company to any modification, alteration, compromise or arrangement of the rights of Warrantholders and/or the Warrant Agent in its capacity as Warrant Agent hereunder (subject to the Warrant Agent’s approval) or on behalf of the Warrantholders against the Company, whether such rights arise under this Indenture or the Warrants or otherwise; (b) to amend, modify or repeal any extraordinary resolution previously passed or sanctioned by the Warrantholders; (c) to direct or authorize the Warrant Agent (subject to the Warrant Agent receiving funding and indemnity) to enforce any of the covenants on the part of the Company contained in this Indenture or the Warrants or to enforce any of the rights of the Warrantholders in any manner specified in such extraordinary resolution or to refrain from enforcing any such covenant or right;

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture

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Powers Exercisable by Extraordinary Resolution. In addition to all other powers conferred upon them by any other provisions of this Indenture Agreement or by law, the Warrantholders Subscription Receiptholders at a meeting shall shall, subject to the provisions of Section , have the power, exercisable from time to time by extraordinary resolution: (a) to agree with the Company to any modification, abrogation, alteration, compromise or arrangement of the rights of Warrantholders and/or Subscription Receiptholders or the Warrant Subscription Receipt Agent in its capacity as Warrant Agent trustee hereunder (subject to the Warrant Agent’s approval) or on behalf of the Warrantholders Subscription Receiptholders against the Company, Company whether such rights arise under this Indenture Agreement or the Warrants Subscription Receipt Certificates or otherwise; (b) to amend, modify alter or repeal any extraordinary resolution previously passed or sanctioned by the Warrantholders; Subscription Receiptholders; (c) to direct or to authorize the Warrant Subscription Receipt Agent (subject to the Warrant Agent receiving funding and indemnity) to enforce any of the covenants on the part of the Company contained in this Indenture Agreement or the Warrants Subscription Receipt Certificates or to enforce any of the rights of the Warrantholders Subscription Receiptholders in any manner specified in such extraordinary resolution or to refrain from enforcing any such covenant or right: (d) to waive, and to direct the Subscription Receipt Agent to waive, any default on the part of the Company in complying with any provisions of this Agreement or the Subscription Receipt Certificates either unconditionally or upon any conditions specified in such extraordinary resolution;

Appears in 1 contract

Samples: Subscription Receipt Agreement (Response Biomedical Corp)

Powers Exercisable by Extraordinary Resolution. In addition to all other powers conferred upon them by any other provisions of this Indenture or by law, the Warrantholders at a meeting shall have the power, exercisable from time to time by extraordinary resolution: (a) except for matters governed by Section 6.12, to agree with the Company to any modification, alteration, compromise or arrangement of the rights of Warrantholders and/or the Warrant Agent in its capacity as Warrant Agent warrant agent hereunder (subject to the Warrant Agent’s approval) or on behalf of the Warrantholders against the Company, whether such rights arise under this Indenture or the Warrants or otherwise; (b) to amend, modify or repeal any extraordinary resolution previously passed or sanctioned by the Warrantholders; ; (c) to direct or authorize the Warrant Agent (subject to the Warrant Agent receiving funding and indemnityindemnity to its satisfaction) to enforce any of the covenants on the part of the Company contained in this Indenture or the Warrants or to enforce any of the rights of the Warrantholders in any manner specified in such extraordinary resolution or to refrain from enforcing any such covenant or right; (d) to waive, authorize and direct the Warrant Agent to waive any default on the part of the Company in complying with any provisions of this Indenture or the Warrants either unconditionally or upon any conditions specified in such extraordinary resolution;

Appears in 1 contract

Samples: Common Share Purchase Warrant Indenture

Powers Exercisable by Extraordinary Resolution. In addition to all other powers conferred upon them by any other provisions of this Indenture or by law, the Warrantholders at a meeting shall shall, subject to the provisions of Section 7.11, have the power, exercisable from time to time by extraordinary resolutionExtraordinary Resolution: (a) 7.10.1 to agree with the Company to any modification, abrogation, alteration, compromise or arrangement of the rights of Warrantholders and/or or the Warrant Agent in its capacity as Warrant Agent hereunder (subject to the Warrant Agent’s approvalprior consent) or on behalf of the Warrantholders against the Company, Corporation whether such rights arise under this Indenture or the Warrants Warrant Certificates or otherwise; (b) 7.10.2 to amend, modify alter or repeal any extraordinary resolution Extraordinary Resolution previously passed or sanctioned by the Warrantholders; (c) ; 7.10.3 to direct or to authorize the Warrant Agent (Agent, subject to the Warrant Agent receiving funding and indemnity) subsection 9.1.2, to enforce any of the covenants on the part of the Company Corporation contained in this Indenture or the Warrants Warrant Certificates or to enforce any of the rights of the Warrantholders in any manner specified in such extraordinary resolution Extraordinary Resolution or to refrain from enforcing any such covenant or right; 7.10.4 to waive, and to direct the Warrant Agent to waive, any default on the part of the Corporation in complying with any provisions of this Indenture or the Warrant Certificates either unconditionally or upon any conditions specified in such Extraordinary Resolution;

Appears in 1 contract

Samples: Warrant Indenture

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Powers Exercisable by Extraordinary Resolution. In Subject to the matters listed in Section 10.4, in addition to all other powers conferred upon them by any other provisions of this Indenture or by lawApplicable Law, the Warrantholders at a meeting shall shall, subject to receipt of the prior approval of the TSX and subject to the provisions of Section 7.11, have the power, exercisable from time to time by extraordinary resolutionExtraordinary Resolution: (a) subject to the consent of the Warrant Agent and the Corporation, to agree with the Company to any modification, abrogation, alteration, compromise or arrangement of the any rights of Warrantholders and/or or the Warrant Agent in its capacity as Warrant Agent trustee hereunder (subject to the Warrant Agent’s approval) or on behalf of the Warrantholders against the Company, Corporation whether such rights arise under this Indenture or the Warrants Warrant Certificates or otherwise; (b) to amend, modify alter or repeal any extraordinary resolution Extraordinary Resolution previously passed or sanctioned by the Warrantholders; ; (c) to direct or to authorize the Warrant Agent (subject to the Warrant Agent receiving funding and indemnity) to enforce any of the covenants on the part of the Company Corporation contained in this Indenture or the Warrants Warrant Certificates or to enforce any of the rights of the Warrantholders in any manner specified in such extraordinary resolution Extraordinary Resolution or to refrain from enforcing any such covenant or right; (d) to waive, and to direct the Warrant Agent to waive, any default on the part of the Corporation in complying with any provisions of this Indenture or the Warrant Certificates either unconditionally or upon any conditions specified in such Extraordinary Resolution;

Appears in 1 contract

Samples: Warrant Indenture

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