Common use of Settlement of Difficulties Clause in Contracts

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that money in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 13 contracts

Samples: Incorporation Agreement (QualTek Wireline LLC), Business Combination Agreement, Amalgamation Agreement

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Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 13 contracts

Samples: Separation and Distribution Agreement (Inpixon), Acquisition Agreement, Incorporation Agreement (Boart Longyear Australia Pty LTD)

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.521.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1a) set the value for distribution of specific assets; (2b) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3c) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 8 contracts

Samples: Business Combination Agreement (Screaming Eagle Acquisition Corp.), Business Combination Agreement (Jupiter Acquisition Corp), Incorporation Agreement (BirchBioMed Inc.)

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1a) set the value for distribution of specific assets; (2b) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3c) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 4 contracts

Samples: Merger Agreement, Merger Agreement, Amalgamation Agreement (Petaquilla Minerals LTD)

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.521.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that money in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 3 contracts

Samples: Incorporation Agreement, Arrangement Agreement (Bausch & Lomb Corp), Arrangement Agreement (Bausch Health Companies Inc.)

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets;assets;‌ (2) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 2 contracts

Samples: Business Combination Agreement, Amalgamation Agreement

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that money in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 1 contract

Samples: Business Combination Agreement

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 1 contract

Samples: Amalgamation Agreement

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Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.523.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1a) set the value for distribution of specific assets; (2b) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3c) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 1 contract

Samples: Merger Agreement

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.521.5, the directors may settle the difficulty as they the directors deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 1 contract

Samples: Amalgamation Agreement

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1a) set the value for distribution of specific assets; (2b) determine that money in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3c) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 1 contract

Samples: Share Purchase Agreement

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1a) set the value for distribution of specific assets;assets;‌ (2b) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3c) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 1 contract

Samples: Amalgamation Agreement

Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that money cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.

Appears in 1 contract

Samples: Amalgamation Agreement

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