Common use of Release from Escrow of New Securities Clause in Contracts

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.57.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5;7.5; and (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.7.5; and (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (43) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (43) If the Issuer is a Tier 2 Issuer Issuer, and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.57.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5;7.5; and (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.7.5; and (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (43) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (43) If the Issuer is a Tier 2 Issuer Issuer, and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.. FORM 5D ESCROW AGREEMENT Page 13

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5;; (as at August 2002) (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and -------------------------------------------------------------------------------- FORM 5D ESCROW AGREEMENT PAGE 11 (AS AT AUGUST 2002) (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply. .

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.. (as at June 14, 2010)

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.. (as at June 14, 2010)

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.. (as at June 14, 2010) (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; ; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; ; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply. .

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.. -------------------------------------------------------------------------------- FORM 5D ESCROW AGREEMENT PAGE 13 (AS AT AUGUST 2002)

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.57.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5;7.5; and (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.7.5; and (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (43) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (43) If the Issuer is a Tier 2 Issuer Issuer, and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.55.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.55.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.5.5; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.55.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged.. 8 (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.42.3. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.57.56.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5;7.56.5; and (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.7.56.5; and (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (43) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (43) If the Issuer is a Tier 2 Issuer Issuer, and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination;; (as at June 14, 2010) (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as soon as reasonably practicable after the Escrow Agent receives:. (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to signsign -------------------------------------------------------------------------------- FORM 5D ESCROW AGREEMENT Page 8 (as at August 2002) (i) stating that it is a successor issuer to the Issuer as a result of a business combination; ; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5; ; (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; ; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply. .

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s 's new securities as soon as reasonably practicable after the Escrow Agent receives: (a) a certificate from the successor issuer signed by a director or officer of the successor issuer authorized to sign (i) stating that it is a successor issuer to the Issuer as a result of a business combination; (ii) containing a list of the securityholders whose new securities are subject to escrow under section 6.5;; -------------------------------------------------------------------------------- FORM 5D ESCROW AGREEMENT PAGE 11 (AS AT AUGUST 2002) (iii) containing a list of the securityholders whose new securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5.; and (2) The escrow securities of the Securityholders, Securityholders whose securities are not subject to escrow under section 6.5, will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities in the possession of the Escrow Agent in accordance with section 2.4. (3) If your new securities are subject to escrow, unless subsection (4) applies, the Escrow Agent will hold your new securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities that you exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.

Release from Escrow of New Securities. (1) The Escrow Agent will send to a Securityholder share certificates or other evidence of the Securityholder’s new securities as As soon as reasonably practicable after the Escrow Agent receives: (a) receives a certificate from the successor issuer Successor Issuer signed by a director or officer of the successor issuer Successor Issuer authorized to sign (ia) stating that it is a successor issuer Successor Issuer to the Issuer as a result of a business combination;Business Combination and whether it is an emerging issuer or an established issuer under the Policy, and (iib) containing a list of listing the securityholders Securityholders whose new securities New Securities are subject to escrow under section 6.5; (iii) containing a list 5.5, the Escrow Securities of the securityholders Securityholders whose new securities New Securities are not subject to escrow under section 6.5; (b) written confirmation from the Exchange that it has accepted the list of Securityholders whose new securities are not subject to escrow under section 6.5. (2) The escrow securities of the Securityholders, whose securities are not subject to escrow under section 6.5, 5.5 will be released, and the Escrow Agent will send any share certificates or other evidence of the escrow securities Escrow Securities in the possession of the Escrow Agent in accordance with section 2.42.3. (32) If your new securities a Securityholder's New Securities are subject to escrow, unless subsection (4) applies, escrow the Escrow Agent will hold your new securities their New Securities in escrow on the same terms and conditions, including release dates, as applied to the escrow securities Escrow Securities that you they exchanged. (4) If the Issuer is a Tier 2 Issuer and the successor issuer is a Tier 1 Issuer, the release provisions in section 3.1(4) relating to graduation will apply.