Common use of Rights of Board of Directors and the Company Clause in Contracts

Rights of Board of Directors and the Company. Without limiting the generality of the foregoing, nothing contained herein shall be construed to suggest or imply that the Board of Directors shall not be entitled to recommend that holders of Voting Shares reject or accept any Take-over Bid or take any other action (including, without limitation, the commencement, prosecution, defence or settlement of any litigation and the submission of additional or alternative Take-over Bids or other proposals to the holders of the Voting Shares with respect to any Take-over Bid or otherwise that the Board of Directors believes is necessary or appropriate in the exercise of its fiduciary duties.

Rights of Board of Directors and the Company. Without limiting the generality of the foregoing, nothing contained herein shall be construed to suggest or imply that the Board of Directors shall not be entitled to recommend that holders of Voting Shares reject or accept any Take-over Bid or take any other action (including, without limitation, including the commencement, prosecution, defence or settlement of any litigation and the submission of additional or alternative Take-Take- over Bids or other proposals to the holders of the Voting Shares with respect to any Take-over Bid or otherwise otherwise) that the Board of Directors believes is necessary or appropriate in the exercise of its fiduciary duties.