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
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
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