Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company (other than as described in subsection 11(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company, then, in each such event, the Holder of this BEE Warrant which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property which such Holder would have been entitled to receive as a result of such event if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Shares to which such Holder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrant. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 2 contracts
Samples: Warrant Amendment Agreement (Anooraq Resources Corp), Release Agreement (Anooraq Resources Corp)
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company (other than as described in subsection 11(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company, or (C) any sale, lease, exchange or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder of this BEE Warrant the Warrants evidenced hereby which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property (which may include cash) which such Holder would have been entitled to receive as a result of such event if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrantthe Warrants evidenced hereby. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company (other than as described in subsection 11(bSection 4.7(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company with or into any other corporation corporation, trust, partnership or other entity resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company, or (C) any sale, conveyance, lease, exchange or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder each holder of this BEE any Special Warrant which is thereafter exercised shall exchanged will be entitled to receive, and shall will accept, in lieu of the number of BEE Warrant Shares Underlying Securities to which such Holder holder was theretofore entitled upon such exerciseexchange, the kind and number or amount of shares or other securities or property which such Holder holder would have been entitled to receive as a result of such event if, on the effective date thereofof such event in (A), (B) or (C), such Holder holder had been the registered holder of the number of BEE Warrant Shares Underlying Securities to which such Holder holder was theretofore entitled upon such exerciseconversion or exchange. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection Section 4.7(c) with respect to the rights and interests thereafter of the Holder holders of this BEE Warrant Certificate Special Warrants to the end that the provisions set forth in this subsection Section 4.7(c) will thereafter correspondingly be made applicable, as nearly as may reasonably be, in the relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE any Special Warrant. Any such adjustments will be made by and set forth in an instrument indenture supplemental hereto with the successor to the Company or such corporation or other entity, as applicable, contemporaneously with such reclassification, consolidation, amalgamation, arrangement, merger, other form of business combination or other event and which supplemental indenture will be approved by the directors, acting reasonably, and shall will for all purposes be conclusively deemed to be an appropriate adjustmentadjustment and such supplemental indenture will provide for adjustments which will be as nearly equivalent as may be practicable to the adjustments provided in this Section 4.7 and which will apply to successive reclassifications, reorganizations, amalgamations, mergers, other forms of business combination or other events.
Appears in 2 contracts
Samples: Special Warrant Indenture (Ivanhoe Energy Inc), Special Warrant Indenture (Ivanhoe Energy Inc)
Reclassifications. If and whenever at any time during prior to the Adjustment PeriodExpiry Date, there is (Ai) any reclassification of or amendment to the outstanding Common Subordinate Voting Shares, any change of the Common Subordinate Voting Shares into other shares or any other reorganization of the Company Corporation (other than as described in subsection 11(b) hereof), or ; (Bii) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company Corporation with or into any other corporation resulting in any reclassification of the outstanding Common Subordinate Voting Shares, any change of the Common Subordinate Voting Shares into other shares or any other reorganization of the CompanyCorporation; or (iii) any sale, lease, exchange or transfer of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation or entity (any of such events being herein called a “Capital Reorganization”), then, in each such eventCapital Reorganization, the Holder upon the exercise of this BEE each Warrant which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Subordinate Voting Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property which such Holder would have been entitled to receive as a result of such event Capital Reorganization if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Subordinate Voting Shares to which such Holder was theretofore entitled upon such exercise; provided however, that no such Capital Reorganization shall be carried into effect unless all necessary steps shall have been taken to so entitle the holder. If necessary as a result of any such eventCapital Reorganization, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrant. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directorsdirectors of the Corporation, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 2 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Green Thumb Industries Inc.)
Reclassifications. If and whenever at any time during the Adjustment Period, there is (Ai) any reclassification of, or redesignation of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company (other than as described in subsection 11(b14(b) hereof), or (Bii) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change or exchange of the Common Shares into other shares or any other reorganization of the Company, or (iii) any sale, lease, exchange or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder of this BEE Warrant Certificate which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property which such Holder would have been entitled to receive as a result of such event if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrantthe Warrants. Any such adjustments will may be made by and set forth in an instrument supplemental hereto approved by the directorsboard of directors of the Company, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 2 contracts
Samples: Commitment Letter (Premium Nickel Resources Ltd.), Commitment Letter (Premium Nickel Resources Ltd.)
Reclassifications. If and whenever at In the event of any time during the Adjustment Period, there is (Ai) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization Units of the Company (other than as described including in subsection 11(bconnection with a proposed Public Offering of the Company approved by the Board with respect to which either (A) hereof), the managing underwriters advise the Company that in their opinion the capital structure of the Company or its form of legal entity may adversely affect the marketability of the offering or (B) any consolidationthe Board determines that a legal entity other than the Company is the most suitable entity for purposes of effectuating the Public Offering, amalgamationbut excluding a reclassification consisting of solely (x) a unit distribution or dividend of solely Common Units to which Section 5.1(b) applies or (y) a subdivision or combination of solely Common Units to which Section 5.1(a) applies), arrangement, (ii) consolidation or merger or other form of business combination of the Company with or into any another Person that does not constitute a Change-of-Control Transaction, or (iii) other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company, thensimilar transaction, in each such eventcase which entitled the holders of Common Units to receive (either directly or upon subsequent liquidation and whether in whole or in part) units, securities or assets with respect to or in exchange for Common Units, the Holder of this BEE Warrant which is thereafter exercised shall be entitled to receiveWarrants shall, immediately after such transaction, remain outstanding and shall acceptthereafter, in lieu of or in addition to (as the case may be) the number of BEE Warrant Shares to which such Holder was theretofore entitled Common Units then issuable upon such exerciseexercise of the Warrants, be exercisable for the kind and number or amount of shares or other securities or property resulting from such transaction to which such Holder the Warrantholders would have been entitled received upon such transaction if the Warrantholders had exercised the Warrants in full immediately prior to receive the time of such transaction and acquired the applicable number of Common Units then issuable upon exercise of the Warrants as a result of such event if, exercise (without taking into account any limitations or restrictions on the effective date thereof, such Holder had been the registered holder exercisability of the number of BEE Warrant Shares to which Warrants), and, in such Holder was theretofore entitled upon such exercise. If necessary as a result of case, the Company shall (or shall cause any such eventother Person to) enter into a supplemental agreement, executed and delivered to the Warrant Agent, in form reasonably satisfactory to the Warrant Agent and the Required Warrantholders, providing for appropriate adjustments will be made in the application of the provisions set forth in this subsection adjustment with respect to the Warrantholders’ rights and interests thereafter of under the Holder of this BEE Warrant Certificate Warrants to the end insure that the provisions set forth in of this subsection will Agreement (including Sections 5 and 9 hereof) shall thereafter correspondingly be made applicable, as nearly as may reasonably bepossible, to the Warrants in relation to any shares or other securities or property thereafter deliverable acquirable upon the exercise of the Warrants. The provisions of this BEE Warrant. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and Section 5.1(c) shall for all purposes be conclusively deemed similarly apply to be an appropriate adjustmentsuccessive reclassifications.
Appears in 1 contract
Samples: Warrant Agreement (Internap Corp)
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any any reclassification of, or redesignation of or amendment to the outstanding Common SharesShares, any change or exchange of the Common Shares into other shares or securities or any other other reorganization of the Company (other than as described in subsection 11(b) hereof)Corporation, or (B) any consolidation, amalgamation, arrangement, merger or other form of of business combination of the Company Corporation with or into any other corporation or entity resulting in any reclassification of, or redesignation of or amendment to the outstanding Common outstanding Shares, any change or exchange of the Common Shares into other shares or securities or any other reorganization of the CompanyCorporation, or (C) any sale, lease, exchange or transfer of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation or entity, then, in each such eventevent, the Holder of this BEE Warrant Certificate which is thereafter exercised shall be entitled entitled to receive, and shall accept, in lieu of the number percentage of BEE Warrant Shares to which which such Holder was theretofore entitled upon such exercise, a percentage of the kind and number or amount of shares shares or other securities or property which such Holder would have been entitled to to receive as a result of such event as if, on the effective date thereofor record date thereof, such Holder had been the registered holder of the number of BEE Warrant Shares Shares to which such Holder was theretofore entitled upon such exercise. For clarity: (i) if there is an event identified in A hereof, the Percentage Factor shall remain unchanged however the nature of the Shares shall change (and "as if issued shares" shall still be counted) and the Exercise Price shall not change; (ii) if there is an event identified in B hereof, and referenced as a consolidation, reclassification or redesignation or amendment or change or exchange or other reorganization, the Percentage Factor shall remain unchanged, however the nature of the Shares shall change (and "as if issued shares" shall still be counted) and the Exercise Price shall not change; (iii) if there is an amalgamation, arrangement, merger or other form of business combination, the Percentage Factor shall be changed such that it shall be reflective of the percentage of the shares held by the shareholders of the Corporation immediately after the operative event (for example purposes, if shareholders of the Corporation post combination hold 60% of the issued shares; the Percentage Factor shall be reduced to 10 multiplied by 60%) and the Exercise Price shall not change; and (iv) if there is an event identified in C hereof, the Holder shall be entitled to receive the same consideration received by the other shareholders of the Corporation as if the Holder had acquired the Warrant Shares (and "as if issued shares" shall not be counted) and the Exercise Price shall not change. If necessary as a result of any such event, appropriate adjustments will be made made in the application of the provisions set forth in this subsection with respect to the the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end end that the provisions set forth in this subsection will thereafter correspondingly be be made applicable, as nearly as may reasonably be, in relation to any shares or other other securities or property thereafter deliverable upon the exercise of this BEE WarrantWarrant Certificate. Any such adjustments will be made by and set forth in an instrument supplemental supplemental hereto approved by the directors, acting reasonably, and shall for all purposes purposes be conclusively deemed to be an appropriate adjustment.
Appears in 1 contract
Samples: Option Purchase Agreement (Charlotte's Web Holdings, Inc.)
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company Corporation (other than as described in subsection 11(b12(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company Corporation with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the CompanyCorporation, or (C) any sale, lease, exchange or transfer of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder Warrantholder of this BEE Warrant these Warrants which is are thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Common Shares to which such Holder Warrantholder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property which such Holder Warrantholder would have been entitled to receive as a result of such event if, on the effective date thereof, such Holder Warrantholder had been the registered holder of the number of BEE Warrant Common Shares to which such Holder Warrantholder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder Warrantholder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrantthese Warrants. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 1 contract
Samples: Royalty Purchase and Sale Agreement (Sandstorm Gold LTD)
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company (other than as described in subsection 11(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company, or (C) any sale, lease, exchange or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder of this BEE Warrant the Warrants evidenced hereby which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property which such Holder would have been entitled to receive as a result of such event as if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrantthe Warrants evidenced hereby. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 1 contract
Samples: Issuance Agreement
Reclassifications. If and whenever at In the event of any time during the Adjustment Period, there is (Ai) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company (other than as described including in subsection 11(bconnection with a proposed Public Offering of the Company approved by the Board with respect to which either (A) hereof), the managing underwriters advise the Company that in their opinion the capital structure of the Company or its form of legal entity may adversely affect the marketability of the offering or (B) any consolidationthe Board determines that a legal entity other than the Company is the most suitable entity for purposes of effectuating the Public Offering, amalgamationbut excluding a reclassification consisting of solely (x) a stock distribution or dividend of solely Shares to which Section 5.1(b) applies or (y) a subdivision or combination of solely Shares to which Section 5.1(a) applies), arrangement, (ii) consolidation or merger or other form of business combination of the Company with or into any another Person that does not constitute a Change-of-Control Transaction, or (iii) other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company, thensimilar transaction, in each such eventcase which entitled the holders of Shares to receive (either directly or upon subsequent liquidation and whether in whole or in part) units, securities or assets with respect to or in exchange for Shares, the Holder of this BEE Warrant which is thereafter exercised shall be entitled to receiveWarrants shall, immediately after such transaction, remain outstanding and shall acceptthereafter, in lieu of or in addition to (as the case may be) the number of BEE Warrant Shares to which such Holder was theretofore entitled then issuable upon such exerciseexercise of the Warrants, be exercisable for the kind and number or amount of shares or other securities or property resulting from such transaction to which such Holder the Warrantholders would have been entitled received upon such transaction if the Warrantholders had exercised the Warrants in full immediately prior to receive the time of such transaction and acquired the applicable number of Shares then issuable upon exercise of the Warrants as a result of such event if, exercise (without taking into account any limitations or restrictions on the effective date thereof, such Holder had been the registered holder exercisability of the number of BEE Warrant Shares to which Warrants), and, in such Holder was theretofore entitled upon such exercise. If necessary as a result of case, the Company shall (or shall cause any such eventother Person to) enter into a supplemental agreement, executed and delivered to the Warrant Agent, in form reasonably satisfactory to the Warrant Agent and the Required Warrantholders, providing for appropriate adjustments will be made in the application of the provisions set forth in this subsection adjustment with respect to the Warrantholders’ rights and interests thereafter of under the Holder of this BEE Warrant Certificate Warrants to the end insure that the provisions set forth in of this subsection will Agreement (including Sections 5 and 9 hereof) shall thereafter correspondingly be made applicable, as nearly as may reasonably bepossible, to the Warrants in relation to any shares or other securities or property thereafter deliverable acquirable upon the exercise of the Warrants. The provisions of this BEE Warrant. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and Section 5.1(c) shall for all purposes be conclusively deemed similarly apply to be an appropriate adjustmentsuccessive reclassifications.
Appears in 1 contract
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company Corporation (other than as described in subsection 11(b4.7(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company Corporation with or into any other corporation corporation, trust, partnership or other entity resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the CompanyCorporation, or (C) any sale, conveyance, lease, exchange or transfer of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder each holder of this BEE any Special Warrant which is thereafter exercised shall exchanged will be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Shares Units to which such Holder holder was theretofore theretofor entitled upon such exerciseexchange, the kind and number or amount of shares or other securities or property which such Holder holder would have been entitled to receive as a result of such event if, on the effective date thereofof such event in (A), (B) or (C), such Holder holder had been the registered holder of the number of BEE Warrant Shares Units to which such Holder holder was theretofore theretofor entitled upon such exerciseconversion or exchange. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection 4.7(c) with respect to the rights and interests thereafter of the Holder holders of this BEE Warrant Certificate Special Warrants to the end that the provisions set forth in this subsection 4.7(c) will thereafter correspondingly be made applicable, as nearly as may reasonably be, in the relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE any Special Warrant. Any such adjustments will be made by and set forth in an instrument indenture supplemental hereto with the successor to the Corporation or such corporation or other entity, as applicable, contemporaneously with such reclassification, consolidation, amalgamation, arrangement, merger, other form of business combination or other event and which supplemental indenture shall be approved by the directors, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustmentadjustment and such supplemental indenture shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided in this section 4.7 and which shall apply to successive reclassifications, reorganizations, amalgamations, mergers, other forms of business combination or other events. The Corporation, its successor or such corporation or other entity, as the case may be, shall also, prior to or contemporaneously with any such event, enter into a supplemental indenture substantially in the form of the Warrant Indenture with respect to the rights and interest thereafter of the holders of the Warrants such that the provisions set forth in the Warrant Indenture shall thereafter correspondingly be made applicable, as nearly as may reasonably be, with any shares or other securities or property to which the holders of the Warrants would be entitled on exercise of acquisition rights thereunder.
Appears in 1 contract
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company (other than as described in subsection 11(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company, or (C) any sale, lease, exchange or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder of this BEE Warrant which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property which such Holder would have been entitled to receive as a result of such event if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrant. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 1 contract
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company Corporation (other than as described in subsection 11(bSection 4.7(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company Corporation with or into any other corporation corporation, trust, partnership or other entity resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the CompanyCorporation, or (C) any sale, conveyance, lease, exchange or transfer of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder each holder of this BEE any Special Warrant which is thereafter exercised shall exchanged will be entitled to receive, and shall will accept, in lieu of the number of BEE Warrant Common Shares to which such Holder holder was theretofore entitled upon such exerciseexchange, the kind and number or amount of shares or other securities or property which such Holder holder would have been entitled to receive as a result of such event if, on the effective date thereofof such event in (A), (B) or (C), such Holder holder had been the registered holder of the number of BEE Warrant Common Shares to which such Holder holder was theretofore entitled upon such exerciseconversion or exchange. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection Section 4.7(c) with respect to the rights and interests thereafter of the Holder holders of this BEE Warrant Certificate Special Warrants to the end that the provisions set forth in this subsection Section 4.7(c) will thereafter correspondingly be made applicable, as nearly as may reasonably be, in the relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE any Special Warrant. Any such adjustments will be made by and set forth in an instrument indenture supplemental hereto with the successor to the Corporation or such corporation or other entity, as applicable, contemporaneously with such reclassification, consolidation, amalgamation, arrangement, merger, other form of business combination or other event and which supplemental indenture will be approved by the directors, acting reasonably, and shall will for all purposes be conclusively deemed to be an appropriate adjustmentadjustment and such supplemental indenture will provide for adjustments which will be as nearly equivalent as may be practicable to the adjustments provided in this Section 4.7 and which will apply to successive reclassifications, reorganizations, amalgamations, mergers, other forms of business combination or other events.
Appears in 1 contract
Samples: Special Warrant Indenture
Reclassifications. If and whenever at any time during the Adjustment Period, there is (Ai) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the Company Corporation (other than as described in subsection 11(b) hereofSection 12(b)), or (Bii) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company Corporation with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares or any other reorganization of the CompanyCorporation, or (iii) any sale, lease, exchange or transfer of the undertaking or assets of the Corporation as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder of this BEE Warrant which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares or other securities or property which such Holder would have been entitled to receive as a result of such event if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Common Shares to which such Holder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE a Warrant. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directors, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 1 contract
Reclassifications. If and whenever at any time during the Adjustment Period, there is (A) any reclassification of or amendment to the outstanding Common Shares, any change of the Common Shares into other shares securities or any other reorganization of the Company Issuer (other than as described in subsection 11(b) hereof), or (B) any consolidation, amalgamation, arrangement, merger or other form of business combination of the Company Issuer with or into any other corporation resulting in any reclassification of the outstanding Common Shares, any change of the Common Shares into other shares securities or any other reorganization of the CompanyIssuer, or (C) any sale, lease, exchange or transfer of the undertaking or assets of the Issuer as an entirety or substantially as an entirety to another corporation or entity, then, in each such event, the Holder upon the exercise of this BEE each Warrant which is thereafter exercised shall be entitled to receive, and shall accept, in lieu of the number of BEE Warrant Shares to which such Holder was theretofore entitled upon such exercise, the kind and number or amount of shares securities or other securities or property which such Holder would have been entitled to receive as a result of such event if, on the effective date thereof, such Holder had been the registered holder of the number of BEE Warrant Shares to which such Holder was theretofore entitled upon such exercise. If necessary as a result of any such event, appropriate adjustments will be made in the application of the provisions set forth in this subsection with respect to the rights and interests thereafter of the Holder of this BEE Warrant Certificate to the end that the provisions set forth in this subsection will thereafter correspondingly be made applicable, as nearly as may reasonably be, in relation to any shares or other securities or property thereafter deliverable upon the exercise of this BEE Warrant. Any such adjustments will be made by and set forth in an instrument supplemental hereto approved by the directorsdirectors of the Issuer, acting reasonably, and shall for all purposes be conclusively deemed to be an appropriate adjustment.
Appears in 1 contract
Samples: Share Purchase Agreement