Common use of Priority on Piggyback Qualification Clause in Contracts

Priority on Piggyback Qualification. If any Piggyback Qualification includes an underwritten offering and the managing underwriters advise Resources in writing that in their opinion the aggregate number of Common Shares that Resources and GF BVI have requested to be included in such offering exceeds the number (the “Maximum Offering Size”) which can be sold in an orderly manner in such offering within a price range acceptable to Resources, Resources shall include in such distribution or registration: (a) first, as many of the Common Shares proposed to be sold by Resources as will not cause the offering to exceed the Maximum Offering Size; and (b) second, as many of the Piggyback Shares as will not cause the offering to exceed the Maximum Offering Size. Subject to the foregoing, Resources shall use its best commercial efforts to arrange for the underwriters to include all of the Piggyback Shares as part of the Common Shares to be distributed by or through such underwriters.

Appears in 2 contracts

Samples: Share Purchase Agreement (Gold Fields LTD), Share Purchase Agreement (Orezone Resources Inc)

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Priority on Piggyback Qualification. If any Piggyback Qualification includes an underwritten offering and the managing underwriters advise Resources the Corporation in writing that in their opinion the aggregate number of Common Shares that Resources the Corporation and GF BVI Gold Fields have requested to be included in such offering exceeds the number (in this Section 3.02, the "Maximum Offering Size") which can be sold in an orderly manner in such offering within a price range acceptable to Resourcesthe Corporation, Resources the Corporation shall include in such distribution or registration: (a) first, as many of the Common Shares proposed to be sold by Resources the Corporation as will not cause the offering to exceed the Maximum Offering Size; and (b) second, as many of the Piggyback Shares as will not cause the offering to exceed the Maximum Offering Size. Subject to the foregoing, Resources the Corporation shall use its best commercial efforts to arrange for the underwriters to include all of the Piggyback Shares as part of the Common Shares to be distributed by or through such underwriters.

Appears in 1 contract

Samples: Purchase Agreement (Iamgold Corp)

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Priority on Piggyback Qualification. If any Piggyback Qualification includes an underwritten offering and the managing underwriters advise Resources the Corporation in writing that in their opinion the aggregate number of Common Shares that Resources the Corporation and GF BVI Gold Fields have requested to be included in such offering exceeds the number (in this Section 3.02, the “Maximum Offering Size”) which can be sold in an orderly manner in such offering within a price range acceptable to Resourcesthe Corporation, Resources the Corporation shall include in such distribution or registration: (a) first, as many of the Common Shares proposed to be sold by Resources the Corporation as will not cause the offering to exceed the Maximum Offering Size; and (b) second, as many of the Piggyback Shares as will not cause the offering to exceed the Maximum Offering Size. Subject to the foregoing, Resources the Corporation shall use its best commercial efforts to arrange for the underwriters to include all of the Piggyback Shares as part of the Common Shares to be distributed by or through such underwriters.

Appears in 1 contract

Samples: Purchase Agreement (Gold Fields LTD)

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