Common use of RANKING OF EXCHANGEABLE SHARES Clause in Contracts

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided for in section 5.

Appears in 4 contracts

Samples: Exchangeable Share Support Agreement (Ideal Accents Inc), Exchangeable Share Support Agreement (Ideal Accents Inc), Exchangeable Share Support Agreement (Ideal Accents Inc)

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RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 4 contracts

Samples: Combination Agreement (Oil States International Inc), Share Purchase Agreement (Jaws Technologies Inc /Ny), Voting and Exchange Trust Agreement (Oil States International Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Subject to Section 4.1 hereof, the Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 4 contracts

Samples: Trust Agreement, Agreement (Future Energy Corp.), Share Exchange Agreement (Keewatin Windpower Corp.)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation, among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 4 contracts

Samples: Combination Agreement (Fuelcell Energy Inc), Arrangement Agreement (Gran Tierra Energy, Inc.), Stock Purchase Agreement (Surge Global Energy, Inc.)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to of the Exchangeable Shares Corporation with respect to the payment of dividends and on a Liquidation Distribution to the extent provided for in section 55 hereof.

Appears in 3 contracts

Samples: Share Exchange Agreement (Big Flash Corp), Support Agreement (Wireless Age Communications Inc), Share Exchange Agreement (Big Flash Corp)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Company, whether voluntary or involuntary, or any other distribution of the assets of the Company, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 3 contracts

Samples: www.sec.gov, Arrangement Agreement (Lululemon Corp.), Arrangement Agreement (Lululemon Athletica Inc.)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 2 contracts

Samples: Arrangement Agreement (Newmont Mining Corp /De/), Merger Agreement (Amvescap PLC/London/)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Company, whether voluntary or involuntary, or any other distribution of the assets of the Company, among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 2 contracts

Samples: Combination Agreement (Duke Energy Corp), Acquisition Agreement (Nabors Industries Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall rank junior to the Class A Preferred Share, and shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Combination Agreement (National Oilwell Inc)

RANKING OF EXCHANGEABLE SHARES. Section 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to to: (i) the payment of dividends dividends; and on a Liquidation Distribution to (ii) the extent provided distribution of the assets of the Corporation in the event of the liquidation dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Share Exchange Agreement (JTH Holding, Inc.)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other class or series of shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Combination Agreement (Calpine Corp)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Purchaser, whether voluntary or involuntary, or any other distribution of the assets of the Purchaser, among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Voting Agreement (Ad.Venture Partners, Inc.)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares (a) with respect to the payment of dividends as and on a Liquidation Distribution to the extent provided in Section 3 and (b) with respect to the distribution of assets in the event of the liquidation, dissolution or winding-up of Subco, whether voluntary or involuntary, or any other distribution of the assets of Subco among its shareholders for the purpose of winding up its affairs as and to the extent provided in section Section 5.

Appears in 1 contract

Samples: Share Exchange Agreement (Rockford Minerals Inc /Fi)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Voting Shares and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Combination Agreement (Pioneer Natural Resources Co)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided for in section 55 hereof.

Appears in 1 contract

Samples: Support Agreement (Wireless Age Communications Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends to the extent provided for in Section 3.1 and on a Liquidation Distribution to the extent provided for in section 5Section 5 hereof.

Appears in 1 contract

Samples: Support Agreement (Barnabus Energy, Inc.)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall rank junior to the Class A Preferred Share, and shall be entitled to a preference over the Common Shares Share and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Combination Agreement (Edutrek Int Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 3.2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, but shall rank junior to the Preference Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Transaction Agreement (Weyerhaeuser Co)

RANKING OF EXCHANGEABLE SHARES. Section 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of Avion, whether voluntary or involuntary, or any other distribution of the assets of Avion, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Amending Agreement

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, but shall rank junior to the Preference Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Company, whether voluntary or involuntary, or any other distribution of the assets of the Company, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Arrangement Agreement (NPS Pharmaceuticals Inc)

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RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares, the Non-Voting Common Shares and any other shares ranking junior to of the Exchangeable Shares Corporation, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Arrangement Agreement (Usx Corp)

RANKING OF EXCHANGEABLE SHARES. 2.1 16.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Jag Media Holdings Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Class A Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Amalgamation Agreement (Lamb Steven)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Subject to Section 4.1 hereof, the Exchangeable Shares shall will be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Arrangement Agreement (Schmitt Industries Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 5.2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Transaction Agreement (Domtar CORP)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares, the Preferred Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Company, whether voluntary or involuntary, or any other distribution of the assets of the Company, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Combination Agreement (Lojack Corp)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares, the Special Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of Acquisitionco, whether voluntary or involuntary, or any other distribution of the assets of Acquisitionco among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Arrangement Agreement (Newmont Mining Corp /De/)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, but shall rank junior to the Preferred Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of Exchangeco, whether voluntary or involuntary, or any other distribution of the assets of Exchangeco among its members for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Arrangement Agreement (Redback Networks Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking junior to the Exchangeable Shares Shares, but shall rank junior to the Preference Shares, with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Company, whether voluntary or involuntary, or any other distribution of the assets of the Company, among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Amalgamation Agreement (Dream Team International Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Common Shares and any other shares ranking rank junior to the Exchangeable Class A Preferred Share, shall rank equally or pari passu with the Common Shares with respect to the payment of dividends pursuant to Section 3.1 hereof and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding-up its affairs.

Appears in 1 contract

Samples: Combination Agreement (Mens Wearhouse Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference preference, as provided in Articles 3 and 5, over the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to the extent provided distribution of assets in the event of the liquidation, dissolution or winding-up of the Company, whether voluntary or involuntary, or any other distribution of the assets of the Company among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bentley Systems Inc)

RANKING OF EXCHANGEABLE SHARES. 2.1 The Exchangeable Shares shall be entitled to a preference over the Preferred Shares, the Common Shares and any other shares ranking junior to the Exchangeable Shares with respect to the payment of dividends and on a Liquidation Distribution to distribution of assets in the extent provided event of the liquidation, dissolution or winding-up of the Corporation, whether voluntary or involuntary, or any other distribution of the assets of the Corporation among its shareholders for in section 5the purpose of winding up its affairs.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Photon Dynamics Inc)

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