Redemption and Waiver. (a) The Board of Directors acting in good faith may, until the occurrence of a Flip-in Event, upon prior written notice delivered to the Rights Agent, determine to waive the application of Section 3.1 to such particular Flip-in Event (which for greater certainty shall not include the circumstances described in Subsection 5.1(h)); provided that if the Board of Directors waives the application of Section 3.1 to a particular Flip-in Event pursuant to this Subsection 5.1(a), the Board of Directors shall be deemed to have waived the application of Section 3.1 to any other Flip-in Event which may arise in respect of any Take-Over Bid then in effect or made prior to the public announcement of the completion or termination of the transaction in respect of which the Board of Directors waived the application of Section 3.1.
Appears in 7 contracts
Samples: Shareholder Rights Plan Agreement (Polymet Mining Corp), Shareholder Rights Plan Agreement (Petaquilla Minerals LTD), Shareholder Rights Plan Agreement (Polymet Mining Corp)
Redemption and Waiver. (a) The Board of Directors acting in good faith may, until the occurrence of a Flip-in Event, upon prior written notice delivered to the Rights Agent, determine to waive the application of Section 3.1 section 4.1 to such any particular Flip-in Event (which for greater certainty shall not include the circumstances described in Subsection 5.1(hsubsection 6.1(c)); provided that if the Board of Directors waives the application of Section 3.1 section 4.1 to a particular Flip-in Event pursuant to this Subsection 5.1(asubsection 6.1(a), the Board of Directors shall be deemed to have waived the application of Section 3.1 section 4.1 to any other Flip-in Event which may arise in respect of any Take-Over Bid then in effect or made prior to the public announcement of the completion or termination of the transaction in respect of which the Board of Directors waived the application of Section 3.1section 4.1.
Appears in 5 contracts
Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Quaterra Resources Inc), Shareholder Rights Plan Agreement
Redemption and Waiver. (a) The Board of Directors acting in good faith may, until the occurrence of a Flip-in Event, upon prior written notice delivered to the Rights Agent, determine to waive the application of Section 3.1 section 4.1 to such any particular Flip-in Event (which for greater certainty shall not include the circumstances described in Subsection 5.1(hsubsection 6.1(c)); provided that if the Board of Directors waives the application of Section 3.1 section 4.1 to a particular Flip-in Event pursuant to this Subsection 5.1(asubsection 6.1(a), the Board of Directors shall be deemed to have waived the application of Section 3.1 section 4.1 to any other Flip-in Event which may arise in respect of any Take-Take- Over Bid then in effect or made prior to the public announcement of the completion or termination of the transaction in respect of which the Board of Directors waived the application of Section 3.1section 4.1.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Quaterra Resources Inc), Shareholder Rights Plan Agreement (Quaterra Resources Inc)
Redemption and Waiver. (a) The Board of Directors acting in good faith may, until the occurrence of a Flip-in Event, upon prior written notice delivered to the Rights Agent, determine to waive the application of Section 3.1 to such particular Flip-in Event (which for greater certainty shall not include the circumstances described in Subsection 5.1(h)); ) provided that if the Board of Directors waives the application of Section 3.1 to a particular Flip-in Event pursuant to this Subsection 5.1(a), the Board of Directors shall be deemed to have waived the application of Section 3.1 to any other Flip-in Event which may arise in respect of any Take-Over Bid then in effect or made prior to the public announcement of the completion or termination of the transaction in respect of which the Board of Directors waived the application of Section 3.1.
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Coral Gold Resources, Ltd.), Shareholder Rights Plan Agreement (Avino Silver & Gold Mines LTD)
Redemption and Waiver. (a) The Board of Directors acting in good faith may, until the occurrence of a Flip-in Event, upon prior written notice delivered to the Rights Agent, determine to waive the application of Section 3.1 to such particular Flip-in Event (which for greater certainty shall not include the circumstances described in Subsection 5.1(h5.1(b)); provided that if the Board of Directors waives the application of Section 3.1 to a particular Flip-in Event pursuant to this Subsection 5.1(a), the Board of Directors shall be deemed to have waived the application of Section 3.1 to any other Flip-in Event which may arise in respect of any Take-Over Bid then in effect or made prior to the public announcement of the completion or termination of the transaction in respect of which the Board of Directors waived the application of Section 3.1.
Appears in 1 contract
Samples: Shareholder Protection Rights Plan Agreement (Western Wind Energy Corp)
Redemption and Waiver. (a) The Board of Directors acting in good faith may, until the occurrence of a Flip-in Event, upon prior written notice delivered to the Rights Agent, determine to waive the application of Section 3.1 to such particular Flip-in Event (which for greater certainty shall not include the circumstances described in Subsection Section 5.1(h)); ) provided that if the Board of Directors waives the application of Section 3.1 to a particular Flip-in Event pursuant to this Subsection Section 5.1(a), the Board of Directors shall be deemed to have waived the application of Section 3.1 to any other Flip-in Event which may arise in respect of any Take-Over Bid then in effect or made prior to the public announcement of the completion or termination of the transaction in respect of which the Board of Directors waived the application of Section 3.1.
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement