Replacement of Warrant Agent. (1) The Warrant Agent may resign its appointment and be discharged from all further duties and liabilities hereunder by giving to the Company not less than sixty (60) days prior notice in writing or such shorter prior notice as the Company may accept as sufficient. The Warrantholders by extraordinary resolution shall have the power at any time to remove the existing Warrant Agent and to appoint a new warrant agent. In the event of the Warrant Agent resigning or being removed as aforesaid or being dissolved, becoming bankrupt, going into liquidation or otherwise becoming incapable of acting hereunder, the Company shall forthwith appoint a new warrant agent unless a new warrant agent has already been appointed by the Warrantholders; failing such appointment by the Company, the retiring Warrant Agent or any Warrantholder may apply to a justice of the Ontario Superior Court of Justice (the "Court") at the Company's expense, on such notice as such justice may direct, for the appointment of a new warrant agent; but any new warrant agent so appointed by the Company or by the Court shall be subject to removal as aforesaid by the Warrantholders. Any new warrant agent appointed under any provision of this Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in one or more provinces of Canada and, if required by Applicable Legislation of any province, in such province. On any such appointment the new warrant agent shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named herein as Warrant Agent without any further assurance, conveyance, act or deed; but there shall be immediately executed, at the expense of the Company, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring the same to the new warrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor warrant agent shall not become effective until the successor warrant agent shall have executed an appropriate instrument accepting such appointment and, at the request of the Company, the predecessor Warrant Agent, upon payment of its outstanding remuneration and expenses, shall execute and deliver to the successor warrant agent an appropriate instrument transferring to such successor warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title an...
Replacement of Warrant Agent. The Trust may terminate its Agreement with the Warrant Agent and appoint a substitute Warrant Agent at any time on 30 days' advance notice to the Warrant Agent and the Warrant Agent may terminate this Agreement with the Trust at any time on 30 days advance notice to the Trust.
Replacement of Warrant Agent. (a) The Warrant Agent may resign at any time by 30 days' prior written notice to the Company or may be removed at any time by the Company upon 30 days' prior written notice. A resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent will become effective only upon the successor Warrant Agent's acceptance of appointment as provided in Section 7.04(b).
(b) Upon delivery by the successor Warrant Agent of a written acceptance of its appointment to the retiring Warrant Agent and to the Company, (i) the retiring Warrant Agent will transfer all property held by it as Warrant Agent to the successor Warrant Agent, (ii) the resignation or removal of the retiring Warrant Agent will become effective, and (iii) the successor Warrant Agent will have all the rights, powers and duties of the Warrant Agent under this Agreement. Upon request of any successor Warrant Agent, the Company will execute any and all instruments for fully vesting in and confirming to the successor Warrant Agent all such rights, powers and duties. The Company will give notice of any resignation and any removal of the Warrant Agent and each appointment of a successor Warrant Agent to all Holders, and include in the notice the name of the successor Warrant Agent and the address of its Corporate Trust Office.
Replacement of Warrant Agent. (a) The Warrant Agent
(i) may resign at any time by 30 days written notice to the Company,
(ii) may be removed at any time by the Company by 30 days written notice to the Warrant Agent,
(iii) may be removed at any time by the Holders of a majority of the outstanding Warrants by written notice to the Warrant Agent,
(iv) shall, if no longer eligible under Section 7.06, be subject to removal upon the request of any Holder to the Company; and
(v) may be removed by the Company if: (A) the Warrant Agent is no longer eligible under Section 7.06; (B) the Warrant Agent is adjudged a bankrupt or an insolvent; (C) a receiver or other public officer takes charge of the Warrant Agent or its property; or (D) the Warrant Agent becomes incapable of acting. A resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent will become effective only upon the successor Warrant Agent’s acceptance of appointment as provided in this Section.
(b) If the Warrant Agent has been removed by the Holders, Holders of a majority of the Warrants may appoint a successor Warrant Agent with the consent of the Company. Otherwise, if the Warrant Agent resigns or is removed, or if a vacancy exists in the office of Warrant Agent for any reason, the Company will promptly appoint a successor Warrant Agent. If the successor Warrant Agent does not deliver its written acceptance within 30 days after the retiring Warrant Agent resigns or is removed, the retiring Warrant Agent, the Company or the Holders of a majority of the outstanding Warrants may petition any court of competent jurisdiction for the appointment of a successor Warrant Agent.
(c) Upon delivery by the successor Warrant Agent of a written acceptance of its appointment to the retiring Warrant Agent and to the Company, (i) the retiring Warrant Agent will transfer all property held by it as Warrant Agent to the successor Warrant Agent, (ii) the resignation or removal of the retiring Warrant Agent will become effective, and (iii) the successor Warrant Agent will have all the rights, powers and duties of the Warrant Agent under this Agreement. Upon request of any successor Warrant Agent, the Company will execute any and all instruments for fully and vesting in and confirming to the successor Warrant Agent all such rights, powers and trusts. The Company will give notice of any resignation and any removal of the Warrant Agent and each appointment of a successor Warrant Agent to all Holders, and include in the notice th...
Replacement of Warrant Agent. Successor by Merger 27 9.9 Conflict of Interest 27 9.10 Acceptance of Agency 27
Replacement of Warrant Agent. (a) A resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent shall become effective only upon the successor Warrant Agent's acceptance of appointment as provided in this Section 6.06.
(b) The Warrant Agent may resign by so notifying the Company in writing at least 30 days prior to the date of the proposed resignation. The Required Holders may remove the Warrant Agent by so notifying the Warrant Agent in writing and may appoint a successor Warrant Agent with the consent of the Company. The Company may remove the Warrant Agent if:
(i) the Warrant Agent is adjudged a bankrupt or an insolvent;
Replacement of Warrant Agent. The Warrant Agent
Replacement of Warrant Agent. 20 Section 7.05 Successor Warrant Agent by Merger........................................................21 Section 7.06 Eligibility..............................................................................21 Section 7.07 Holder Lists.............................................................................21
Replacement of Warrant Agent. The Company may terminate its Agreement with the Warrant Agent and appoint a substitute Warrant Agent at any time on 30 days' advance notice to the Warrant Agent and the Warrant Agent may, in addition to its rights of resignation under Section 6.3, terminate this Agreement with the Company at any time on 30 days advance notice to the Company.
Replacement of Warrant Agent. Section 7.04 Successor Warrant Agent by Merger..................................................
