Common use of Replacement of Warrant Agent Clause in Contracts

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 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 judge of the Province of Ontario at the Company’s expense, on such notice as such judge 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 9.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 7 contracts

Samples: Aurora Cannabis Inc, Aurora Cannabis Inc, Aurora Cannabis Inc

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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 60 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Ontario Superior Court of Ontario Justice (the "Court") at the Company’s 's expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province one or more provinces of Ontario Canada and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 6 contracts

Samples: Warrant Indenture (Planet 13 Holdings Inc.), Planet 13 Holdings Inc., Planet 13 Holdings Inc.

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 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s expense, on such notice as such judge 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 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 4 contracts

Samples: Available (Sandstorm Gold LTD), Common Share Purchase Warrant Indenture (FRANCO NEVADA Corp), Silver Wheaton Corp.

Replacement of Warrant Agent. (1) The Warrant Agent may resign its appointment trust and be discharged from all further duties and liabilities hereunder by giving to the Company not less than 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s expense, on such notice as such judge 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 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 4 contracts

Samples: Warrant (Goldcorp Inc), Warrant (Goldcorp Inc), Common Share Purchase Warrant Indenture (Goldcorp Inc)

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 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Ontario Superior Court of Ontario Justice (the "Court") at the Company’s 's expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province one or more provinces of Ontario Canada and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 3 contracts

Samples: Planet 13 Holdings Inc., webfiles.thecse.com, webfiles.thecse.com

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 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Ontario Superior Court of Ontario Justice (the “Court”) at the Company’s expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province one or more provinces of Ontario Canada and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 3 contracts

Samples: Warrant Indenture (Mind Medicine (MindMed) Inc.), Warrant Indenture, Cybin Inc.

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 60 days prior Corporation at least 45 days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Subject to Section 9.11(1)(h), the Holders by extraordinary resolution Extraordinary Resolution shall have the power power, at any time time, to remove the existing Warrant Agent and to appoint a new Warrant Agent. In the event of If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by a court of competent jurisdiction in the Court Province of Ontario shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall Section 11.2(1) must be a corporation authorized to carry on the business of a transfer agent in one or a trust company more provinces in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other provinceCanada. On any such appointment new 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 assurances, conveyances, acts or deeds. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, conveyance, act or deed; but there shall be immediately executedthe former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 3 contracts

Samples: Warrant Agency Agreement (TPCO Holding Corp.), Warrant Agency Agreement (Bespoke Capital Acquisition Corp), Warrant Agency Agreement

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 60 days days’ prior notice in writing or such shorter prior notice as the Company may accept as sufficient. The Warrantholders by extraordinary special resolution shall have the power at any time to remove the existing Warrant Agent and to appoint a new Warrant Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province of Ontario British Columbia Supreme Court at the Company’s expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario British Columbia and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent new warrant agent shall not become effective until the successor Warrant Agent new 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 new warrant agent an appropriate instrument transferring to such successor Warrant Agent new warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 3 contracts

Samples: Geovic Mining Corp., Geovic Mining Corp., Geovic Mining Corp.

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 60 days prior Corporation at least 45 days' notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution 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 If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by the Court shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall must be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation the applicable warrant indenture legislation of any other province, in such that other province, and must be a corporation which is independent of the Corporation and has no material conflict of interest. On any such new 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 3 contracts

Samples: Bridgeport Ventures Inc., Bridgeport Ventures Inc., Bridgeport Ventures Inc.

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 Corporation not less than 60 days prior notice in writing or such shorter prior notice as the Company Corporation 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 Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the Warrantholders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder may apply to a judge of the Province of Ontario at the CompanyCorporation’s expense, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation 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 Section 9.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 CompanyCorporation, 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 CompanyCorporation, 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 2 contracts

Samples: Transfer Form (IMV Inc.), Cardiol Therapeutics Inc.

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 60 days prior Corporation at least 45 days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution Extraordinary Resolution shall have the power power, at any time time, to remove the existing Warrant Agent and to appoint a new Warrant Agent. In the event of If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by a court of competent jurisdiction in the Court Province of Ontario shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall Section 11.2(1) must be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other province. On any such appointment new 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 2 contracts

Samples: Warrant Agency Agreement, Warrant Agency Agreement (Alignvest Acquisition Corp)

Replacement of Warrant Agent. (1a) 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 60 days prior Corporation at least 45 days' notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution 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 If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by the Court shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall must be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation the applicable warrant indenture legislation of any other province, in such that other province, and must be a corporation which is independent of the Corporation and has no material conflict of interest. On any such new 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 2 contracts

Samples: sedar-filings-backup.thecse.com, sedar-filings-backup.thecse.com

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 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 judge justice of the Province of Ontario British Columbia Supreme Court at the Company’s expense, on such notice as such judge 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 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario British Columbia and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 2 contracts

Samples: New Gold Inc. /FI, New Gold Inc. /FI

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 60 days prior Corporation at least 45 days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution 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 If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by the Court shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall Section must be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation the applicable warrant indenture legislation of any other province, in such that other province, and must be a corporation which is independent of the Corporation and has no material conflict of interest. On any such new 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 2 contracts

Samples: Dragonwave Inc, Dragonwave Inc

Replacement of Warrant Agent. (1) The Warrant Agent may resign its appointment trust and be discharged from all further duties and liabilities hereunder by giving to the Company not less than 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s expense, on such notice as such judge 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 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province Provinces of Ontario and British Columbia and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 2 contracts

Samples: Warrant (Peru Copper Inc), Warrant (Peru Copper Inc.)

Replacement of Warrant Agent. (1) The Warrant Agent may resign its appointment trust and be discharged from all further duties and liabilities hereunder by giving to the Company not less than 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s 's expense, on such notice as such judge 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 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 2 contracts

Samples: Wheaton River Minerals LTD, Wheaton River Minerals LTD

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 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 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 judge of the Province of Ontario British Columbia at the Company’s expense, on such notice as such judge may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent, warrant agent or a trust company in the Province of Ontario British Columbia and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: sedar-filings-backup.thecse.com

Replacement of Warrant Agent. (1a) 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 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s 's expense, on such notice as such judge 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 9.8 8.7 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: webfiles.thecse.com

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 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s 's expense, on such notice as such judge 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 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: KWESST Micro Systems Inc.

Replacement of Warrant Agent. (1) 9.3.1 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 60 days prior Corporation at least forty-five (45) days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution Extraordinary Resolution shall have the power at any time to remove the existing Warrant Agent and to appoint a new Warrant Agentwarrant agent. In the event of If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent warrant agent unless a new Warrant Agent warrant agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent warrant agent so appointed by the Company Corporation or by the Court shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent warrant agent appointed under any provision of this section 9.8 shall Section must be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation the applicable warrant indenture legislation of any other province, in such that other province, and must be a corporation which is independent of the Corporation and has no material conflict of interest. On any such new appointment the new Warrant Agent 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 1 contract

Samples: Warrant Indenture (Dragonwave Inc)

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 60 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Ontario Superior Court of Ontario Justice (the "Court") at the Company’s 's expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province one or more provinces of Ontario Canada and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder. Upon the appointment of a successor warrant agent, the Company shall promptly notify the Warrantholders thereof in the manner provided for in Section Error: Reference source not found. Any corporation into or with which the Warrant Agent may be merged or consolidated or amalgamated, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without any further act on its part or of any of the parties hereto, provided that such corporation would be eligible for appointment as a new warrant agent under Section Error: Reference source not found(1). Any Warrants Authenticated or certified but not delivered by a predecessor Warrant Agent may be Authenticated or certified by the new or successor warrant agent in the name of the predecessor or the new or successor warrant agent.

Appears in 1 contract

Samples: webfiles.thecse.com

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 60 days prior Corporation at least 45 days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution Extraordinary Resolution shall have the power power, at any time time, to remove the existing Warrant Agent and to appoint a new Warrant AgentAgent in accordance with Section 9.11(1)(h). In the event of If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by a court of competent jurisdiction in the Court Province of Ontario shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall Section 11.2(1) must be a corporation authorized to carry on the business of a transfer agent in one or a trust company in the Province more Provinces of Ontario and, if required by Applicable Legislation of any other province, in such other provinceCanada. On any such appointment new 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 1 contract

Samples: Warrant Agency Agreement

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Replacement of Warrant Agent. (1) The If the Warrant Agent may shall resign its appointment and be discharged from all further duties and liabilities hereunder by (such resignation to become effective not earlier than 30 days after the giving of written notice thereof to the Company not less than 60 days prior notice in writing Corporation) or such shorter prior notice shall become incapable of acting as Warrant Agent, the Company may accept as sufficient. The Warrantholders by extraordinary resolution Corporation shall have the power at any time to remove the existing Warrant Agent and to appoint a new successor to the Warrant Agent. In If the event Corporation shall fail to make such appointment within a period of 30 days after such removal or after it has been so notified in writing of such resignation or incapacity by the Warrant Agent resigning or being removed as aforesaid or being dissolvedby a Holder (in the case of incapacity), 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, then the retiring Warrant Agent (at the Corporation's expense) or a Holder of any Warrantholder Warrant may apply to a judge any court of the Province of Ontario at the Company’s expense, on such notice as such judge may direct, competent jurisdiction for the appointment of a new successor to the Warrant Agent; but any new . Pending appointment of a successor to the Warrant Agent, either by the Corporation or by such a court, the duties of the Warrant Agent so shall be carried out by the Corporation. Any successor Warrant Agent, whether appointed by the Company Corporation 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 9.8 such a court, shall be a corporation authorized trust company, in good standing, incorporated under the laws of Canada or any province of Canada, qualified to carry on do business in British Columbia and having offices in Vancouver, British Columbia. As soon as practicable after the business appointment of a transfer agent or a trust company the successor Warrant Agent, the Corporation shall cause written notice of the change in the Province of Ontario and, if required by Applicable Legislation of any other province, Warrant Agent to be given to the Holders as provided in such other provinceSection 9.7. On any such After its appointment the new successor 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 former 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, if any) shall execute deliver and deliver transfer to the successor Warrant Agent an appropriate instrument transferring any property at the time held by it hereunder and shall execute and deliver, at the expense of the Corporation, any further assurance, conveyance, act or deed necessary for that purpose. Failure to such successor Warrant Agent all rights and powers give any notice provided for in this Section 8.7, however, or any defect therein, shall not affect the legality or validity of the removal of the Warrant Agent hereunder and all securitiesor the appointment of a successor Warrant Agent, documents of title and other instruments and all monies and properties held by as the Warrant Agent hereundercase may be.

Appears in 1 contract

Samples: Warrant Indenture (Emc Metals Corp.)

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 60 days prior Corporation at least 45 days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution Extraordinary Resolution shall have the power power, at any time time, to remove the existing Warrant Agent and to appoint a new Warrant Agent. In the event of If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by a court of competent jurisdiction in the Court Province of Ontario shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall Section 11.2(1) must be a corporation authorized to carry on the business of a transfer agent in one or a trust company in the Province more Provinces of Ontario and, if required by Applicable Legislation of any other province, in such other provinceCanada. On any such appointment new 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 1 contract

Samples: Warrant Agency Agreement (Ayr Wellness Inc.)

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 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Ontario Superior Court of Ontario Justice (the “Court”) at the Company’s expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: s1.q4cdn.com

Replacement of Warrant Agent. (1a) The Warrant Agent may resign its appointment duties and be discharged from all further duties and liabilities hereunder by after giving to the Company not less than 60 days prior 30 days' notice in writing or to the Company, except that such shorter prior notice may be given as the Company may shall, in writing, accept as sufficient. The Warrantholders by extraordinary resolution shall have Company may discharge the power Warrant Agent at any time with or without reason, effective upon 30 days written notice to remove the existing Warrant Agent and or such shorter period as the Warrant Agent shall, in writing, accept as sufficient. If the office of Warrant Agent becomes vacant by resignation, discharge, incapacity to act or otherwise, the Company shall appoint in writing 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, If the Company shall forthwith appoint fail to make such appointment within a new Warrant Agent unless a new Warrant Agent period of 30 days after it has already been appointed notified in writing of such resignation or incapacity by the Warrantholders; failing such appointment by the Company, the retiring resigning or incapacitated Warrant Agent or by the holder of a Warrant Certificate, then the holder of any Warrantholder Warrant Certificate may apply to a judge any court of the Province of Ontario at the Company’s expense, on such notice as such judge may direct, competent jurisdiction for the appointment of a new Warrant Agent; but any . Any new Warrant Agent so Agent, whether appointed by the Company or by the Court such a court, shall be a corporation organized, doing business and in good standing under the laws of the state of its incorporation, and which is authorized under such laws to exercise corporate trust powers and is subject to removal as aforesaid supervision or examination by the Warrantholdersfederal or state authority. Any new Warrant Agent appointed under any provision of this section 9.8 hereunder shall be a corporation authorized execute, acknowledge and deliver to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other province. On any Company an instrument accepting such appointment the hereunder and thereupon such new Warrant Agent without any further act or deed shall be become vested with all the same rights, powers, rights, duties and responsibilities of the Warrant Agent hereunder with like effect as if it had been originally named herein as the Warrant Agent; but if for any reason it becomes necessary or expedient to have the former Warrant Agent without execute and deliver any further assurance, conveyance, act or deed; but there , the same shall be immediately executed, at done and shall be legally and validly executed and delivered by the expense former Warrant Agent. Not later than the effective date of any such appointment the Company shall file notice thereof with the former Warrant Agent. The Company shall promptly give notice of any such appointment to the holders of the Company, all such conveyances or other instruments Warrants by mail to their addresses as may, shown in the opinion of counselWarrant Register. Failure to file or give such notice, be necessary or advisable for any defect therein, shall not affect the purpose of assuring the same to the new Warrant Agent, provided that any resignation legality or removal validity 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: Warrant Agreement (Equitex Inc)

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 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s expense, on such notice as such judge 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 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: Americas Silver Corp

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 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 judge justice of the Province of Ontario British Columbia Supreme Court at the Company’s Companyís expense, on such notice as such judge 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 9.8 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario British Columbia and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: sec.report

Replacement of Warrant Agent. (1a) 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 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 AgentAgent agreeable to the Company, acting reasonably. 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 judge of the Province of Ontario Alberta at the Company’s 's expense, on such notice as such judge 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 9.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario Alberta and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: webfiles.thecse.com

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 60 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Ontario Superior Court of Ontario Justice (the "Court") at the Company’s 's expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province one or more provinces of Ontario Canada and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder. Upon the appointment of a successor warrant agent, the Company shall promptly notify the Warrantholders thereof in the manner provided for in Section 9.2. Any corporation into or with which the Warrant Agent may be merged or consolidated or amalgamated, or any corporation succeeding to the corporate trust business of the Warrant Agent, shall be the successor to the Warrant Agent hereunder without any further act on its part or of any of the parties hereto, provided that such corporation would be eligible for appointment as a new warrant agent under Section 8.8(1). Any Warrants Authenticated or certified but not delivered by a predecessor Warrant Agent may be Authenticated or certified by the new or successor warrant agent in the name of the predecessor or the new or successor warrant agent.

Appears in 1 contract

Samples: webfiles.thecse.com

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 60 days prior Corporation at least 45 days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Subject to Section 10.1l(l)(h), the Holders by extraordinary resolution Extraordinary Resolution shall have the power power, at any time time, to remove the existing Warrant Agent and to appoint a new Warrant Agent. In the event of If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by a court of competent jurisdiction in the Court Province of Ontario shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall Section 12.2(1) must be a corporation authorized to carry on the business of a transfer agent in one or a trust company more provinces in the Province of Ontario and, if required by Applicable Legislation of any other province, in such other provinceCanada. On any such appointment new 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 assurances, conveyances, acts or deeds. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, conveyance, act or deed; but there shall be immediately executedthe former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 1 contract

Samples: Warrant Agency Agreement (Columbia Care Inc.)

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 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 judge justice of the Province Ontario Superior Court of Ontario Justice at the Company’s expense, on such notice as such judge 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 9.8 8.7 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario Ontario, Alberta, Nova Scotia or British Columbia and, if required by Applicable Legislation of any other province, in such other 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 and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: webfiles.thecse.com

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 60 days prior Corporation at least thirty (30) days’ notice in writing or such shorter prior notice as the Company Corporation may accept as sufficient. The Warrantholders Holders by extraordinary resolution 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 If the Warrant Agent resigning resigns or being is removed as aforesaid by Extraordinary Resolution or being is dissolved, becoming becomes bankrupt, going goes into liquidation or otherwise becoming becomes incapable of acting hereunder, the Company Corporation shall forthwith appoint a new Warrant Agent unless a new Warrant Agent has already been appointed by the WarrantholdersHolders; failing such appointment by the CompanyCorporation, the retiring Warrant Agent or any Warrantholder Holder may apply to a judge of the Province of Ontario at the Company’s expensea court having jurisdiction, on such notice as such judge may direct, for the appointment of a new Warrant Agent; but any new Warrant Agent so appointed by the Company Corporation or by the Court shall be subject to removal as aforesaid by the WarrantholdersHolders. Any new Warrant Agent appointed under any provision of this section 9.8 shall must be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province of Ontario and, if required by Applicable Legislation the applicable warrant indenture legislation of any other province, in such that other province, and must be a corporation which is independent of the Corporation and has no material conflict of interest. On any such new 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, assurances conveyance, act or deed; but there shall be immediately executed. If, for any reason, it becomes necessary or expedient to execute any further deed or assurance, the former Warrant Agent shall, at the expense of the CompanyCorporation, all such conveyances or other instruments as may, in the opinion of counsel, be necessary or advisable for the purpose of assuring execute the same to in favour of 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 and other instruments and all monies and properties held by the Warrant Agent hereunderwarrant agent.

Appears in 1 contract

Samples: webfiles.thecse.com

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 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Court of Ontario Queen’s Bench of Alberta (the “Court”) at the Company’s expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province one or more provinces of Ontario Canada and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: First Person Ltd.

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 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 Agentwarrant 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 warrant agent unless a new Warrant Agent 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 judge justice of the Province Ontario Superior Court of Ontario Justice (the "Court") at the Company’s 's expense, on such notice as such judge justice may direct, for the appointment of a new Warrant Agentwarrant agent; but any new Warrant Agent 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 warrant agent appointed under any provision of this section 9.8 Section 8.8 shall be a corporation authorized to carry on the business of a transfer agent or a trust company in the Province one or more provinces of Ontario Canada and, if required by Applicable Legislation of any other province, in such other province. On any such appointment the new Warrant Agent 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 counselCounsel, be necessary or advisable for the purpose of assuring the same to the new Warrant Agentwarrant agent, provided that any resignation or removal of the Warrant Agent and appointment of a successor Warrant Agent warrant agent shall not become effective until the successor Warrant Agent 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 warrant agent an appropriate instrument transferring to such successor Warrant Agent warrant agent all rights and powers of the Warrant Agent hereunder and all securities, documents of title and other instruments and all monies and properties held by the Warrant Agent hereunder.

Appears in 1 contract

Samples: Warrant Indenture (Lowell Farms Inc.)

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