Take-Over Bid. 3.9.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Units, other than Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Business Corporations Act (Ontario)) of the Offeror, the Offeror is entitled, on complying with this Section 3.9, to acquire the Units held by the Non-Tendering Offerees. 3.9.2. An Offeror may acquire Outstanding Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Over Bid, an Offeror’s notice to each Non-Tendering Offeree stating that: 3.9.2.1 the Offerees holding not less than 90% of the Units to which the Take-Over Bid relates accepted the Take-Over Bid; 3.9.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Units of the Offerees who accepted the Take-Over Bid; 3.9.2.3 a Non-Tendering Offeree is required to transfer its Units to the Offeror on the terms on which the Offeror acquired the Units of the Offerees who accepted the Take-Over Bid; and 3.9.2.4 a Non-Tendering Offeree who does not transfer its Units in accordance with Section 3.9.2.3 within 20 days after it receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its Units to the Offeror on the same terms that the Offeror acquired the Units from the Offerees who accepted the Take-Over Bid. 3.9.3. Concurrently with sending the Offeror’s notice under Section 3.9.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Unit held by a Non-Tendering Offeree. 3.9.4. A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 shall, within 20 days after it receives that notice, send its Units and all Certificates representing its Units or cause its Units to be sent to the General Partner. 3.9.5. Within 20 days after the Offeror sends an Offeror’s notice under Section 3.9.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Over Bid. 3.9.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Brookfield Business Partners L.P.), Limited Partnership Agreement (Brookfield Business Partners L.P.), Limited Partnership Agreement (Brookfield Business Partners L.P.)
Take-Over Bid. 3.9.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Units, other than Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Business Corporations Act (Ontario)) of the Offeror, the Offeror is entitled, on complying with this Section 3.9, to acquire the Units held by the Non-Tendering Offerees.
3.9.2. An Offeror may acquire Outstanding Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Over Bid, an Offeror’s notice to each Non-Tendering Offeree stating that:
3.9.2.1 the Offerees holding not less than 90% of the Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Units of the Offerees who accepted the Take-Over Bid;
3.9.2.3 a Non-Tendering Offeree is required to transfer its Units to the Offeror on the terms on which the Offeror acquired the Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 a Non-Tendering Offeree who does not transfer its Units in accordance with Section 3.9.2.3 within 20 days after it receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its Units to the Offeror on the same terms that the Offeror acquired the Units from the Offerees who accepted the Take-Over Bid.
3.9.3. Concurrently with sending the Offeror’s notice under Section 3.9.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Unit held by a Non-Tendering Offeree.
3.9.4. A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 shall, within 20 days after it receives that notice, send its Units and all Certificates representing its Units or cause its Units to be sent to the General Partner.
3.9.5. Within 20 days after the Offeror sends an Offeror’s notice under Section 3.9.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Over Bid.
3.9.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Brookfield Property Partners L.P.), Limited Partnership Agreement (Brookfield Property Partners L.P.)
Take-Over Bid. 3.9.13.8.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Equity Units, other than Equity Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Canada Business Corporations Act (Ontario)Act) of the Offeror, the Offeror is entitled, on complying with this Section 3.9section 3.8, to acquire the Equity Units held by the Non-Tendering Offerees.
3.9.23.8.2. An Offeror may acquire Outstanding Equity Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Over Bid, an Offeror’s notice to each Non-Tendering Offeree stating that:
3.9.2.1 3.8.2.1 the Offerees holding not less than 90% of the Equity Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 3.8.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Equity Units of the Offerees who accepted the Take-Over Bid;
3.9.2.3 3.8.2.3 a Non-Tendering Offeree is required to transfer its his Equity Units to the Offeror on the terms on which the Offeror acquired the Equity Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 3.8.2.4 a Non-Tendering Offeree who does not transfer its his Equity Units in accordance with Section 3.9.2.3 3.8.2.3 within 20 days after it he receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its his Equity Units to the Offeror on the same terms that the Offeror acquired the Equity Units from the Offerees who accepted the Take-Over Bid.
3.9.33.8.3. Concurrently with sending the Offeror’s notice under Section 3.9.23.8.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Equity Unit held by a Non-Tendering Offeree.
3.9.43.8.4. A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 3.8.2 shall, within 20 days after it he receives that notice, send its his Equity Units and all Certificates representing its his Equity Units or cause its his Equity Units to be sent to the General Partner.
3.9.53.8.5. Within 20 days after the Offeror sends an Offeror’s notice under Section 3.9.23.8.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Over Bid.
3.9.63.8.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.53.8.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.), Limited Partnership Agreement (Brookfield Renewable Energy Partners L.P.)
Take-Over Bid. 3.9.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Units, other than Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Business Corporations Act (Ontario)) of the Offeror, the Offeror is entitled, on complying with this Section 3.9, to acquire the Units held by the Non-Tendering Offerees.
3.9.2. An Offeror may acquire Outstanding Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Over Bid, an Offeror’s notice to each Non-Tendering Offeree stating that:
3.9.2.1 the Offerees holding not less than 90% of the Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Units of the Offerees who accepted the Take-Over Bid;
3.9.2.3 a Non-Tendering Offeree is required to transfer its Units to the Offeror on the terms on which the Offeror acquired the Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 a Non-Tendering Offeree who does not transfer its Units in accordance with Section 3.9.2.3 within 20 days after it receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its Units to the Offeror on the same terms that the Offeror acquired the Units from the Offerees who accepted the Take-Over Bid.
3.9.3. Concurrently with sending the Offeror’s notice under Section 3.9.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Unit held by a Non-Tendering Offeree.
3.9.4. A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 shall, within 20 days after it receives that notice, send its Units and all Certificates representing its Units or cause its Units to be sent to the General Partner.
3.9.5. Within 20 days after the Offeror sends an Offeror’s notice under Section 3.9.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Non- Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Take- Over Bid.
3.9.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 2 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement
Take-Over Bid. 3.9.13.8.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Units, other than Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Canada Business Corporations Act (Ontario)Act) of the Offeror, the Offeror is entitled, on complying with this Section 3.9section 3.8, to acquire the Units held by the Non-Tendering Offerees.
3.9.23.8.2. An Offeror may acquire Outstanding Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Over Bid, an Offeror’s notice to each Non-Tendering Offeree stating that:
3.9.2.1 3.8.2.1 the Offerees holding not less than 90% of the Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 3.8.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Units of the Offerees who accepted the Take-Over Bid;
3.9.2.3 3.8.2.3 a Non-Tendering Offeree is required to transfer its his Units to the Offeror on the terms on which the Offeror acquired the Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 3.8.2.4 a Non-Tendering Offeree who does not transfer its his Units in accordance with Section 3.9.2.3 3.8.2.3 within 20 days after it he receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its his Units to the Offeror on the same terms that the Offeror acquired the Units from the Offerees who accepted the Take-Over Bid.
3.9.33.8.3. Concurrently with sending the Offeror’s notice under Section 3.9.23.8.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Unit held by a Non-Tendering Offeree.
3.9.43.8.4. A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 3.8.2 shall, within 20 days after it he receives that notice, send its his Units and all Certificates representing its his Units or cause its his Units to be sent to the General Partner.
3.9.53.8.5. Within 20 days after the Offeror sends an Offeror’s notice under Section 3.9.23.8.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Over Bid.
3.9.63.8.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.53.8.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 1 contract
Samples: Limited Partnership Agreement (BRP Bermuda Holdings I LTD)
Take-Over Bid. 3.9.13.8.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Equity Units, other than Equity Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Canada Business Corporations Act (Ontario)Act) of the Offeror, the Offeror is entitled, on complying with this Section 3.9section 3.8, to acquire the Equity Units held by the Non-Tendering Offerees.
3.9.23.8.2. An Offeror may acquire Outstanding Equity Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Take- Over Bid, an Offeror’s notice to each Non-Tendering Offeree stating that:
3.9.2.1 3.8.2.1 the Offerees holding not less than 90% of the Equity Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 3.8.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Equity Units of the Offerees who accepted the Take-Over Bid;
3.9.2.3 3.8.2.3 a Non-Tendering Offeree is required to transfer its his Equity Units to the Offeror on the terms on which the Offeror acquired the Equity Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 3.8.2.4 a Non-Tendering Offeree who does not transfer its his Equity Units in accordance with Section 3.9.2.3 3.8.2.3 within 20 days after it he receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its his Equity Units to the Offeror on the same terms that the Offeror acquired the Equity Units from the Offerees who accepted the Take-Over Bid.
3.9.33.8.3. Concurrently with sending the Offeror’s notice under Section 3.9.23.8.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Equity Unit held by a Non-Tendering Offeree.
3.9.43.8.4. A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 3.8.2 shall, within 20 days after it he receives that notice, send its his Equity Units and all Certificates representing its his Equity Units or cause its his Equity Units to be sent to the General Partner.
3.9.53.8.5. Within 20 days after the Offeror sends an Offeror’s notice under Section 3.9.23.8.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Non- Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Take- Over Bid.
3.9.63.8.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.53.8.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 1 contract
Samples: Limited Partnership Agreement
Take-Over Bid. 3.9.13.8.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Equity Units, other than Equity Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Canada Business Corporations Act (Ontario)Act) of the Offeror, the Offeror is entitled, on complying with this Section 3.9section 3.8, to acquire the Equity Units held by the Non-Tendering Offerees.
3.9.23.8.2. An Offeror may acquire Outstanding Equity Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Take- Over Bid, an Offeror’s 's notice to each Non-Tendering Offeree stating that:
3.9.2.1 3.8.2.1 the Offerees holding not less than 90% of the Equity Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 3.8.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Equity Units of the Offerees who accepted the Take-Over Bid;
3.9.2.3 3.8.2.3 a Non-Tendering Offeree is required to transfer its his Equity Units to the Offeror on the terms on which the Offeror acquired the Equity Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 3.8.2.4 a Non-Tendering Offeree who does not transfer its his Equity Units in accordance with Section 3.9.2.3 3.8.2.3 within 20 days after it he receives the Offeror’s 's notice is deemed to have elected to transfer, and to have transferred, its his Equity Units to the Offeror on the same terms that the Offeror acquired the Equity Units from the Offerees who accepted the Take-Over Bid.
3.9.33.8.3. Concurrently with sending the Offeror’s 's notice under Section 3.9.23.8.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Equity Unit held by a Non-Tendering Offeree.
3.9.43.8.4. A Non-Tendering Offeree to whom an Offeror’s 's notice is sent under Section 3.9.2 3.8.2 shall, within 20 days after it he receives that notice, send its his Equity Units and all Certificates representing its his Equity Units or cause its his Equity Units to be sent to the General Partner.
3.9.53.8.5. Within 20 days after the Offeror sends an Offeror’s 's notice under Section 3.9.23.8.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Non- Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Take- Over Bid. .
3.9.63.8.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.53.8.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 1 contract
Samples: Limited Partnership Agreement (Brookfield Renewable Partners L.P.)
Take-Over Bid. 3.9.1. (1) If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Units, other than Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Business Corporations Act (Ontario)) Associate of the Offeror, the Offeror is entitled, on complying with this Section 3.914.1, to acquire the Units held by the Non-Non- Tendering Offerees.
3.9.2. (2) An Offeror may acquire Outstanding Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Over Bid, an Offeror’s notice to each Non-Non- Tendering Offeree stating that:
3.9.2.1 (a) the Offerees holding not less than 90% of the Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 (b) the Offeror is bound to take up and pay for or has taken up and paid for the Units of the Offerees who accepted the Take-Over Bid;
3.9.2.3 (c) a Non-Tendering Offeree is required to transfer its his Units to the Offeror on the terms on which the Offeror acquired the Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 (d) a Non-Tendering Offeree who does not transfer its his Units in accordance with Section 3.9.2.3 14.1(2)(c) within 20 days after it he receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its his Units to the Offeror on the same terms that the Offeror acquired the Units from the Offerees who accepted the Take-Over Bid.
3.9.3. (3) Concurrently with sending the Offeror’s notice under Section 3.9.214.1(2), the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Unit held by a Non-Tendering Offeree.
3.9.4. (4) A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 14.1(2) shall, within 20 twenty (20) days after it he receives that noticenotice if requested by the General Partner deliver his, send her or its Units and all Unit Certificates representing its Units or cause his, her or its Units Unit Certificates to be sent delivered to the General Partner.
3.9.5. (5) Within 20 twenty (20) days after the Offeror sends an Offeror’s notice under Section 3.9.214.1(2), the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Non- Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Over Bid.
3.9.6. (6) The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.514.1(5), and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
Appears in 1 contract
Samples: Limited Partnership Agreement
Take-Over Bid. 3.9.13.8.1. If, within 120 days after a Take-Over Bid, the Take-Over Bid is accepted by the holders of not less than 90% of the Outstanding Units, other than Units held at the date of the Take-Over Bid by or on behalf of the Offeror or an Affiliate or associate (as such term is defined in the Canada Business Corporations Act (Ontario)Act) of the Offeror, the Offeror is entitled, on complying with this Section 3.9section 3.8, to acquire the Units held by the Non-Tendering Offerees.
3.9.23.8.2. An Offeror may acquire Outstanding Units held by a Non-Tendering Offeree by sending by registered mail within 60 days after the date of termination of the Take-Over Bid and in any event within 180 days after the date of the Take-Over Bid, an Offeror’s notice to each Non-Tendering Offeree stating that:
3.9.2.1 3.8.2.1 the Offerees holding not less than 90% of the Units to which the Take-Over Bid relates accepted the Take-Over Bid;
3.9.2.2 3.8.2.2 the Offeror is bound to take up and pay for or has taken up and paid for the Units of the Offerees who accepted the Take-Take- Over Bid;
3.9.2.3 3.8.2.3 a Non-Tendering Offeree is required to transfer its his Units to the Offeror on the terms on which the Offeror acquired the Units of the Offerees who accepted the Take-Over Bid; and
3.9.2.4 3.8.2.4 a Non-Tendering Offeree who does not transfer its his Units in accordance with Section 3.9.2.3 3.8.2.3 within 20 days after it he receives the Offeror’s notice is deemed to have elected to transfer, and to have transferred, its his Units to the Offeror on the same terms that the Offeror acquired the Units from the Offerees who accepted the Take-Over Bid.
3.9.33.8.3. Concurrently with sending the Offeror’s notice under Section 3.9.23.8.2, the Offeror shall send to the General Partner a notice of adverse claim disclosing the name and address of the Offeror and the name of the Non-Tendering Offeree with respect to each Unit held by a Non-Tendering Offeree.
3.9.43.8.4. A Non-Tendering Offeree to whom an Offeror’s notice is sent under Section 3.9.2 3.8.2 shall, within 20 days after it he receives that notice, send its his Units and all Certificates representing its his Units or cause its his Units to be sent to the General Partner.
3.9.53.8.5. Within 20 days after the Offeror sends an Offeror’s notice under Section 3.9.23.8.2, the Offeror shall pay or transfer to the General Partner the amount of money or other consideration that the Offeror would have had to pay or transfer to a Non-Tendering Offeree if the Non-Tendering Offeree had tendered under the Take-Over Bid.
3.9.63.8.6. The General Partner is deemed to hold on behalf of the Non-Tendering Offeree the money or other consideration it receives under Section 3.9.53.8.5, and the General Partner shall deposit the money in a separate account in a bank or other depositary of national standing in Canada or the United States, as applicable, and shall place the other consideration in the custody of a bank or such other body corporate.
4.1 Determination of Net Income or Loss
Appears in 1 contract
Samples: Limited Partnership Agreement
