Common use of Reclassifications, Reorganizations, etc Clause in Contracts

Reclassifications, Reorganizations, etc. In case of any reclassification or change of the Common Shares (other than a change as a result of a subdivision or consolidation), or in case of any amalgamation of the Company with, merger of the Company into, plan of arrangement or other reorganization with any other corporation (other than an amalgamation, merger, plan of arrangement or other reorganization in which the Company is the continuing corporation and which does not result in any reclassification or change, other than as aforesaid, of the Common Shares), or in case of any sale, transfer or other disposition of all or substantially all of the assets of the Company, the Company or the corporation formed by such amalgamation or the corporation into which the Company shall have been merged or the corporation which shall have acquired such assets, as the case may be, shall execute and deliver to the Trustee a supplemental Indenture providing that the holder of each Bond then outstanding shall have the right thereafter (until the expiration of the conversion right of such Bond) to convert such Bond into the kind and amount of shares and other securities and property receivable upon such reclassification, change, amalgamation, merger, sale, transfer or other disposition by a holder of the number of Common Shares into which such Bond might have been converted at the Conversion Price immediately prior to such reclassification, change, amalgamation, merger, sale, transfer or other disposition. Such supplemental Indenture shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article. The above provisions of this Section shall similarly apply to successive reclassifications, changes, amalgamations, mergers, sales, transfers or other dispositions.

Appears in 2 contracts

Samples: Indenture (MFC Bancorp LTD), Blue Earth Refineries Inc.

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Reclassifications, Reorganizations, etc. In the case of any reclassification or change of the Common Shares (other than a change as a result of a subdivision or consolidation), or in the case of any amalgamation of the Company Borrower with, or merger of the Company into, plan of arrangement or other reorganization with Borrower into any other corporation (other than an amalgamation, merger, plan of arrangement amalgamation or other reorganization merger in which the Company Borrower is the continuing corporation and which does not result in any reclassification or change, other than as aforesaid, of the Common Shares), or in the case of any sale, transfer or other disposition of all or substantially all of the assets of the CompanyBorrower, the Company Borrower or the corporation formed by such amalgamation or the corporation into which the Company Borrower shall have been merged or the corporation which shall have acquired such assets, as the case may be, shall execute and deliver to the Trustee a supplemental Indenture Registered Holder, if requested by Registered Holder, evidence in form satisfactory to Registered Holder, providing that the holder of each Bond then outstanding Registered Holder shall have the right thereafter (until the expiration of the conversion exercise right of such Bondthe Exercise Amount) to convert such Bond exercise the Exercise Amount into the kind and amount of shares and other securities Securities and property receivable upon such reclassification, change, amalgamation, merger, sale, transfer or other disposition by a holder of the number of the Common Shares into which such Bond the Exercise Amount might have been converted at the Conversion Price exercised immediately prior to such reclassification, change, amalgamation, merger, sale, transfer or other disposition. Such supplemental Indenture evidence shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Articleparagraph. The above provisions of this Section paragraph shall similarly apply to successive reclassifications, changes, amalgamations, mergers, sales, transfers or other dispositions. Upon any reclassification or change of the Common Shares, Borrower shall make application to The Toronto Stock Exchange or relevant exchange where the Common Shares are listed at such time to adjust the Exercise Price in order to give effect to this paragraph 3.4.

Appears in 1 contract

Samples: Loan Agreement (International Thunderbird Gaming Corp)

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Reclassifications, Reorganizations, etc. In case of any reclassification or change of the Common Shares (other than a change as a result of a subdivision or consolidation), or in case of any amalgamation of the Company with, merger of the Company into, plan of arrangement or other reorganization with any other corporation (other than an amalgamation, merger, plan of arrangement or other reorganization in which the Company is the continuing corporation and which does not result in any reclassification or change, other than as aforesaid, of the Common Shares), or in case of any sale, transfer or other disposition of all or substantially all of the assets of the Company, the Company or the corporation formed by such amalgamation or the corporation into which the Company shall have been merged or the corporation which shall have acquired such assets, as the case may be, shall execute and deliver to the Trustee a supplemental Indenture indenture providing that the holder of each Bond Debenture then outstanding shall have the right thereafter (until the expiration of the conversion right of such BondDebenture) to convert such Bond Debenture into the kind and amount of shares and other securities and property receivable upon such reclassification, change, amalgamation, merger, sale, transfer or other disposition by a holder of the number of Common Shares into which such Bond Debenture might have been converted at the Conversion Price immediately prior to such reclassification, change, amalgamation, merger, sale, transfer or other disposition. Such supplemental Indenture indenture shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Article. The above provisions of this Section section shall similarly apply to successive reclassifications, changes, amalgamations, mergers, sales, transfers or other dispositions.

Appears in 1 contract

Samples: Pan American Silver Corp

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