Rights of Rescission. Should a Holder of Warrants exercise any legal, statutory, contractual or other right of withdrawal or rescission that may be available to it, and the Holder’s funds which were paid on exercise have already been released to the Corporation by the Warrant Agent, the Warrant Agent shall not be responsible for ensuring the exercise is cancelled and a refund is paid back to the Holder. In such cases, the Holder shall seek a refund directly from the Corporation and subsequently, the Corporation shall instruct the Warrant Agent in writing, to cancel the exercise transaction and any Shares on the register, which may have already been issued upon the Warrant exercise. In the event that any payment is received from the Corporation by virtue of the Holder being a shareholder for such Warrants that were subsequently rescinded, such payment must be returned to the Corporation by such Holder. The Warrant Agent shall not be under any duty or obligation to take any steps to ensure or enforce that the funds are returned pursuant to this Section 13.2, nor shall the Warrant Agent be in any other way responsible in the event that any payment is not delivered or received pursuant to this Section 13.2. Notwithstanding the foregoing, in the event that the Corporation provides the refund to the Warrant Agent for distribution to the Holder, the Warrant Agent shall return such funds to the Holder as soon as reasonably practicable, and in so doing, the Warrant Agent shall incur no liability with respect to the delivery or non-delivery of any such funds.
Rights of Rescission. We will only accept requests to rescind the purchase if it does not exceed the sum of $50,000 and if you give us notice in writing within 48 hours of your receipt of the confirmation for a lump sum purchase. The trade confirmation will be deemed conclusively to have been received in the ordinary mail by you within five (5) days of the date it is mailed.
Rights of Rescission. We will only accept requests to rescind the purchase if it does not exceed the sum of $50,000 and if you
Rights of Rescission. At any time, for any or no reason, within fifteen days of the completion of the audit of the Company's financial statements, the Consultant may terminate this Agreement by returning all funds (except for such funds which may have been expended in the performance of due diligence), options, share certificates and documents without any recourse or penalties from the Client.
Rights of Rescission. Should a holder of Warrants exercise any legal, statutory, contractual or other right of withdrawal or rescission that may be available to it, and the holder’s funds which were paid on exercise have already been released to the Issuer by the Warrant Agent, the Warrant Agent shall not be responsible for ensuring the exercise is cancelled and a refund is paid back to the holder. In such cases, the holder shall seek a refund directly from the Company and subsequently, the Company shall instruct the Warrant Agent in writing, to cancel the exercise transaction and any underlying shares on the register, which may have already been issued upon the Warrant exercise.
Rights of Rescission. (a) If the prospectus dated May 31, 2011 filed by the Corporation in each of the provinces and territories of Canada to qualify the distribution of the Debentures (the “Prospectus”) contains a misrepresentation (as such term is defined in the Securities Act (Ontario)) and it was a misrepresentation on the date hereof, a purchaser of the Debentures to whom the Prospectus was sent or delivered and who was the original purchaser of the Debentures (collectively, the “Original Purchasers”) shall have a right of action against the Corporation for rescission to receive the subscription price for each Debenture for which such purchaser subscribed exercisable on notice given to the Corporation not more than 180 days subsequent to the date hereof (the “Rescission Period”). The right of action for rescission is only available to an Original Purchaser either while he is a holder of the Debentures purchased or while he is a holder of the Common Shares issued upon conversion of such Debentures during the Rescission Period.
(b) In no event shall the Corporation be liable under this Section 18.4 if the Original Purchaser purchased the Debentures with knowledge of the misrepresentation.
Rights of Rescission. (a) This agreement may be rescinded under the following conditions:
(i) By Buyer, provided notice of Buyer's election to rescind and the reason therefor is given to Seller prior to December 1, 1995, if the Internal Revenue Service fails or refuses to issue a private letter ruling holding that (A) Seller has not retained an economic interest in the Interests and has transferred all of Seller's economic interest in the Interests to Buyer, (B) the Production Payment is properly characterized for income tax purposes as a purchase money mortgage loan, and (C) any credit for producing fuel from a nonconventional source, pursuant to Section 29 of the Code, attributable to production from the Interests after the sale of the Interests to Buyer is properly allocable to Buyer; and
(ii) By Seller, provided notice of Seller's election to rescind and the reason therefor is given to Buyer prior to December 1, 1995, if the Internal Revenue Service fails or refuses to issue a private letter ruling holding that recognition of gain by Seller upon reacquisition of the Interests by exercise of the Repurchase Option granted in Section 6.5 hereof is determined pursuant to Section 1038 of the Code.
(b) If a condition for rescission exists and proper notice of rescission is given, the parties shall, prior to December 15, 1995, restore themselves to the relative positions each would have occupied had this agreement never been made, including without limitation (A) reconveyance by Buyer of the Interests to Seller, (B) payment by Seller to Buyer of an amount equal to all amounts paid by Buyer under this agreement and any agreement made pursuant hereto, and (C) payment by Buyer to Seller of an amount equal to all amounts received by Buyer under this agreement and any agreement made pursuant hereto. If rescission is properly elected, the failure of any party to take all steps necessary for a complete rescission prior to January 1, 1996, shall be a breach of this agreement and, in addition to other damages and remedies to which the aggrieved party may be entitled, the indemnity in Section 11.3 hereof shall apply to any third party claims arising from the breach.
(c) Seller agrees that it shall cause there to be issued to Buyer at closing, and that it shall cause there to be maintained in force a Letter of Credit in the form of that attached hereto as Exhibit E. Buyer shall notify the issuer of the Letter of Credit to terminate it upon the receipt by Buyer of (i) the private letter rulin...
Rights of Rescission. (a) If the (final) short form base shelf prospectus of the REIT dated February 16, 2017, together with the (final) prospectus supplement dated June 2, 2017 with respect thereto, filed by the REIT in each of the provinces of Canada to qualify the distribution of the Initial Debentures (the “Prospectus”) contains a misrepresentation (as such term is defined in the Securities Act (British Columbia)) and it was a misrepresentation on the date hereof, a purchaser of the Initial Debentures to whom the Prospectus was sent or delivered and who was the original purchaser of the Initial Debentures shall have a right of action against the REIT for rescission to receive the subscription price for each Initial Debenture for which such purchaser subscribed exercisable on notice given to the REIT not more than 180 days subsequent to the date hereof (the “Rescission Period”). The right of action for rescission is only available to an Original Purchaser either while he is a holder of the Initial Debentures purchased or while he is a holder of the Units issued upon conversion of such Initial Debentures during the Rescission Period. The foregoing contractual right of rescission shall be subject to the defences available to the REIT under applicable laws, rules and instruments.
(b) In no event shall the REIT be liable under this Section 17.3 if the Original Purchaser purchased the Initial Debentures with knowledge of the misrepresentation.
Rights of Rescission. (a) PURCHASER shall be entitled to rescind this AGREEMENT (zurucktreten) (i) pursuant to Article 8.1, or (ii) if the Board of Directors of FiberMark, Inc. has finally refused approval of the acquisition contemplated by this AGREEMENT or, (iii) pursuant to Article 8.4 (j) (ii) until the later of January 31, 1998, 24:00 hours, or, if additional investigations will be made pursuant to Article 8.4 (h), until February 28, 1998, 24:00 hours.
(b) SELLER shall be entitled to rescind this AGREEMENT (zurucktreten) (i) pursuant to Article 8.4 (f), or (ii) if the CLOSING DATE has not occurred by the later of five banking days (in Munich) after January 31, 1998, 24:00 hours, or, if additional investigations will be made pursuant to Article 8.4 (h), five banking days (in Munich) after February 28, 1998, 24:00 hours.
(c) Any right of rescission pursuant to paragraphs (a) and (b) above shall be exercised in writing (including fax communication). Any dates for exercising the rights of rescission referred to in paragraphs (a) and (b) above may be extended in writing if SELLER and PURCHASER mutually so agree.
(d) It is agreed that in the event of termination of this AGREEMENT by way of rescission pursuant to paragraphs (a) and (b) above (with the exception of a rescission pursuant to Article 8.1 by PURCHASER, in which case this AGREEMENT shall be unwound (ruckabgewickelt) in accordance with the statutory provisions), this AGREEMENT shall forthwith become null and void and shall be unwound to the extent already executed (vollzogen) and there shall be no further liability of SELLER or PURCHASER, as the case may be, except as set forth in Article 9.4 which shall continue to apply, and there shall be in particular no damage or indemnification claims of either SELLER or PURCHASER against the other party because of such rescission.
Rights of Rescission. 12 8 WARRANTIES /INDEMNITY OF THE VENDOR................................13
