Common use of Rights of Dissent Clause in Contracts

Rights of Dissent. Each registered holder of Company Shares as of the Record Date may exercise dissent rights with respect to any Company Shares held by such holder (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 of the BCBCA, as modified by the Interim Order and this Section 3.1, provided that, notwithstanding Section 242(1)(a) of the BCBCA, the written objection to the Arrangement Resolution referred to in Section 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver time) two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that duly exercises such holder’s Dissent Rights shall, notwithstanding anything to the contrary in Section 245 of the BCBCA, be deemed to have transferred the Company Shares held by such holder and in respect of which Dissent Rights have been validly exercised to the Company for cancellation free and clear of all Liens (other than the right to be paid fair value for such Company Shares as set out in this Section 3.1), as provided in Section 2.3(a) and if they:

Rights of Dissent. Each registered holder of Company Common Shares as of the Record Date may exercise dissent rights with respect to any Company Common Shares held by such holder (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 of the BCBCA, as modified by the Interim Order Order, the Final Order, and this Section 3.1, ; provided that, notwithstanding Section 242(1)(a) 242 of the BCBCA, the written objection to the Arrangement Resolution referred to in contemplated by Section 242(1)(a) 242 of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver time) on the Business Day that is two (2) Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that dissenting holder who duly exercises exercise such holder’s Dissent Rights shall, notwithstanding anything to the contrary in Section 245 of the BCBCA, be deemed to have transferred for cancellation the Company Common Shares held by such holder and in respect of which Dissent Rights have been validly exercised to the Company for cancellation free and clear of all Liens (other than the right to be paid fair value for such Company Common Shares as set out in this Section 3.1), as provided in Section 2.3(a) and if they:

Rights of Dissent. Each registered holder of Company Shares as of the Record Date may exercise dissent rights with respect to any Company Shares held by such holder (“"Dissent Rights”") in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 of the BCBCA, as modified by the Interim Order and this Section 3.1, provided that, notwithstanding Section 242(1)(a) of the BCBCA, the written objection to the Arrangement Resolution referred to in Section 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver Toronto time) two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that duly exercises such holder’s 's Dissent Rights shall, notwithstanding anything to the contrary in Section 245 of the BCBCA, be deemed to have transferred the Company Shares held by such holder and in respect of which Dissent Rights have been validly exercised to the Company for cancellation free and clear of all Liens (other than the right to be paid fair value for such Company Shares as set out in this Section 3.1), as provided in Section 2.3(a) and if they:

Rights of Dissent. Each Pursuant to the Interim Order, registered holder holders of Company Common Shares as of the Record Date may exercise dissent rights with respect to any Company Shares held by such holder (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in under Division 2 of Part 8 of the BCBCA, as modified by this Article 3, the Interim Order and this Section 3.1the Final Order, with respect to their Common Shares in connection with the Arrangement, provided that, notwithstanding Section 242(1)(a) of the BCBCA, the however that written objection to the Arrangement Resolution referred to in Section contemplated by subsection 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver time) on the Business Day that is two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that Registered holders of Common Shares who duly exercises such holder’s exercise their Dissent Rights shall, notwithstanding anything with respect to the contrary in Section 245 of the BCBCA, their Common Shares (“Dissenting Shares”) shall be deemed to have transferred the Company Common Shares held by such holder them and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Shares as set out in this Section 3.1)Liens, as provided in Section 2.3(a) ), and if they:

Rights of Dissent. Each Pursuant to the Interim Order, registered holder holders of Company Common Shares as of the Record Date may exercise dissent rights with respect to any Company Shares held by such holder (“"Dissent Rights”") in connection with the Arrangement pursuant to and in the manner set forth in under Division 2 of Part 8 of the BCBCA, as modified by this Article 3, the Interim Order and this Section 3.1the Final Order, with respect to their Common Shares in connection with the Arrangement, provided that, notwithstanding Section 242(1)(a) of the BCBCA, the however that written objection to the Arrangement Resolution referred to in Section contemplated by subsection 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver time) on the Business Day that is two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that Registered holders of Common Shares who duly exercises such holder’s exercise their Dissent Rights shall, notwithstanding anything with respect to the contrary in Section 245 of the BCBCA, their Common Shares ("Dissenting Shares") shall be deemed to have transferred the Company Common Shares held by such holder them and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Shares as set out in this Section 3.1)Liens, as provided in Section 2.3(a) ), and if they:

Rights of Dissent. Each registered holder of Company Common Shares as of the Record Date may exercise dissent rights with respect to any Company Common Shares held by such holder (“"Dissent Rights”") in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 of the BCBCA, as modified by the Interim Order and this Section 3.1, provided that, notwithstanding Section 242(1)(a) of the BCBCA, the written objection to the Arrangement Resolution referred to in Section 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver time) on the date that is two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that duly exercises such holder’s 's Dissent Rights shall, notwithstanding anything to the contrary in Section 245 of the BCBCA, be deemed to have transferred the Company Common Shares held by such holder and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Common Shares as set out in this Section 3.1), as provided in Section 2.3(a2.3(f) and if they:

Rights of Dissent. Each registered holder of Company Shares as of the Record Date may exercise dissent rights with respect to any Company Shares held by such holder (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 Section 190 of the BCBCACBCA, as modified by the Interim Order and this Section 3.1, ; provided that, notwithstanding Section 242(1)(asubsection 190(5) of the BCBCACBCA, the written objection to the Arrangement Resolution referred to in Section 242(1)(asubsection 190(5) of the BCBCA CBCA must be received by the Company not later than 5:00 p.m. (Vancouver Vancouver, British Columbia time) two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder Holder that duly exercises such holder’s Dissent Rights shall, notwithstanding anything to the contrary in Section 245 of the BCBCA, shall be deemed to have transferred the Company Shares held by such holder and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Shares as set out in this Section 3.1), as provided in Section 2.3(a2.3(d) and if they:

Rights of Dissent. Each Pursuant to the Interim Order, registered holder holders of Company Common Shares as of the Record Date may exercise dissent rights with respect to any Company Shares held by such holder (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in under Division 2 of Part 8 of the BCBCA, as modified by this Article 3, the Interim Order and this Section 3.1the Final Order, with respect to their Common Shares in connection with the Arrangement, provided that, notwithstanding Section 242(1)(a) of the BCBCA, the however that written objection to the Arrangement Resolution referred to in Section contemplated by subsection 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver time) on the Business Day that is two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that Registered holders of Common Shares who duly exercises such holder’s exercise their Dissent Rights shall, notwithstanding anything with respect to the contrary in Section 245 of the BCBCA, their Common Shares (“Dissenting Shares”) shall be deemed to have transferred the Company Common Shares held by such holder them and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Shares as set out in this Section 3.1)Liens, as provided in Section 2.3(a) 2.3(b), and if they:

Rights of Dissent. Each registered holder of Company Common Shares as of the Record Date may exercise dissent rights with respect to any Company Common Shares held by such holder (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 of the BCBCA, as modified by the Interim Order and this Section 3.1, provided that, notwithstanding Section 242(1)(a) of the BCBCA, the written objection to the Arrangement Resolution referred to in Section 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver time) on the date that is two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that duly exercises such holder’s Dissent Rights shall, notwithstanding anything to the contrary in Section 245 of the BCBCA, be deemed to have transferred the Company Common Shares held by such holder and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Common Shares as set out in this Section 3.1), as provided in Section 2.3(a2.3(f) and if they:

Rights of Dissent. Each registered holder of Registered Company Shares Shareholders as of the Record Date record date of the Company Meeting may exercise dissent rights with respect to any Company the Common Shares held by such holder Company Shareholders (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 Sections 237 to 247 of the BCBCA, as modified by the Interim Order, the Final Order and this Section 3.1, Article 3; provided that, notwithstanding Section 242(1)(a(a) Subsection 242 of the BCBCA, the written objection to the Arrangement Resolution referred to in Section 242(1)(a) of the BCBCA must be received by the Company not later than 5:00 p.m. (Vancouver timeTime) on the Business Day that is two Business Days immediately preceding the date of the Company Meeting Meeting, and (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder that duly exercises such holder’s Dissent Rights shall, notwithstanding anything to the contrary in b) Section 245 of the BCBCA, the Purchaser and not the Company shall be required to pay the fair value of such Common Shares. Dissenting Holders who duly exercise their Dissent Rights shall be deemed to have irrevocably transferred the Company Common Shares held by such holder them and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Shares as set out in this Section 3.1)Liens, as provided in Section 2.3(a) and if they:

Rights of Dissent. Each registered holder of Company Common Shares as of the Record Date and Company Preferred Shares may exercise dissent rights with respect to any Company Common Shares or Company Preferred Shares held by such holder (“Dissent Rights”) in connection with the Arrangement pursuant to and in the manner set forth in Division 2 of Part 8 Section 185 of the BCBCAOBCA, as modified by the Interim Order and this Section 3.1, provided that, notwithstanding Section 242(1)(asubsection 185(6) of the BCBCAOBCA, the written objection to the Company Arrangement Resolution referred to in Section 242(1)(asubsection 185(6) of the BCBCA OBCA must be received by the Company not later than 5:00 p.m. (Vancouver Toronto time) two Business Days immediately preceding the date of the Company Meeting (as it may be adjourned or postponed from time to time). Each Dissenting Shareholder Holder that duly exercises such holder’s 's Dissent Rights shall, notwithstanding anything to the contrary in Section 245 of the BCBCA, shall be deemed to have transferred the Company Common Shares and Company Preferred Shares held by such holder and in respect of which Dissent Rights have been validly exercised to the Company for cancellation Purchaser free and clear of all Liens (other than the right to be paid fair value for such Company Common Shares and Company Preferred Shares, as the case may be, as set out in this Section 3.1), as provided in Section 2.3(a2.2(f) and if they: