Common use of Tender Offers, Etc Clause in Contracts

Tender Offers, Etc. In the event that a take-over bid or similar transaction with respect to USCo Common Stock (a “Bid”) is proposed by USCo or is proposed to USCo or the holders of USCo Common Stock, and is recommended by the board of directors of USCo or the Board of Directors of AcquisitionCo, as applicable, or is otherwise effected or to be effected with the consent or approval of the board of directors of USCo or the Board of Directors of AcquisitionCo, as applicable, USCo or AcquisitionCo or both shall, in good faith, use reasonable efforts to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Shares to participate in such Bid to the same extent and on an economically equivalent basis as the holders of USCo Common Stock, without discrimination, including, without limiting the generality of the foregoing, USCo or AcquisitionCo or both will use its good faith efforts expeditiously to (and shall, in the case of a transaction proposed by USCo or AcquisitionCo or both or where USCo or AcquisitionCo or both is a participant in the negotiation thereof) ensure that holders of Exchangeable Shares may participate in all such Bids without being required to retract Exchangeable Shares as against AcquisitionCo (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Bid and only to the extent necessary to tender or deposit to the Bid).

Tender Offers, Etc. In the event that a take-over bid or similar transaction with respect to USCo Common Stock Advantage Trust Units (a “Bid”"BID") is proposed by USCo Advantage Trust or is proposed to USCo Advantage Trust or the holders of USCo Common StockAdvantage Trust Units, and is recommended by the board of directors of USCo or the Board of Directors of AcquisitionCo, as applicable, AOG or is otherwise effected or to be effected with the consent or approval of the board of directors of USCo AOG, Advantage Trust or the Board of Directors of AcquisitionCo, as applicable, USCo or AcquisitionCo AOG or both shall, in good faith, use reasonable efforts to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Shares to participate in such Bid to the same extent and on an economically equivalent basis as the holders of USCo Common StockAdvantage Trust Units, without discrimination, including, without limiting the generality of the foregoing, USCo Advantage Trust or AcquisitionCo AOG or both will use its good faith efforts expeditiously to (and shall, in the case of a transaction proposed by USCo Advantage Trust or AcquisitionCo AOG or both or where USCo Advantage Trust or AcquisitionCo AOG or both is a participant in the negotiation thereof) ensure that holders of Exchangeable Shares may participate in all such Bids without being required to retract Exchangeable Shares as against AcquisitionCo AOG (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Bid and only to the extent necessary to tender or deposit to the Bid).

Tender Offers, Etc. In the event that a take-over bid or similar transaction with respect to USCo Common Stock ARC Energy Units (a “"Bid”") is proposed by USCo ARC or ARC Resources or is proposed to USCo ARC or ARC Resources or the holders of USCo Common StockARC Energy Units, and is recommended by the board of directors of USCo or the Board of Directors of AcquisitionCo, as applicable, ARC Resources or is otherwise effected or to be effected with the consent or approval of the board of directors of USCo ARC Resources Ltd. or the Board of Directors of AcquisitionCo, as applicable, USCo or AcquisitionCo or both ARC Resources shall, in good faith, use reasonable efforts to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Shares to participate in such Bid to the same extent and on an economically equivalent basis as the holders of USCo Common StockARC Energy Units, without discrimination, including, without limiting the generality of the foregoing, USCo ARC or AcquisitionCo ARC Resources or both will use its good faith efforts expeditiously to (and shall, in the case of a transaction proposed by USCo ARC or AcquisitionCo ARC Resources or both or where USCo ARC or AcquisitionCo ARC Resources or both is a participant in the negotiation thereof) ensure that holders of Exchangeable Shares may participate in all such Bids without being required to retract Exchangeable Shares as against AcquisitionCo ARC Resources (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Bid and only to the extent necessary to tender or deposit to the Bid).

Tender Offers, Etc. In the event that a take-over bid or similar transaction with respect to USCo Common Stock (a “"Bid”") is proposed by USCo or is proposed to USCo or the holders of USCo Common Stock, and is recommended by the board of directors of USCo or the Board of Directors of AcquisitionCo, as applicable, or is otherwise effected or to be effected with the consent or approval of the board of directors of USCo or the Board of Directors of AcquisitionCo, as applicable, USCo or AcquisitionCo or both shall, in good faith, use reasonable efforts to take all such actions and do all such things as are necessary or desirable to enable and permit holders of Exchangeable Shares to participate in such Bid to the same extent and on an economically equivalent basis as the holders of USCo Common Stock, without discrimination, including, without limiting the generality of the foregoing, USCo or AcquisitionCo or both will use its good faith efforts expeditiously to (and shall, in the case of a transaction proposed by USCo or AcquisitionCo or both or where USCo or AcquisitionCo or both is a participant in the negotiation thereof) ensure that holders of Exchangeable Shares may participate in all such Bids without being required to retract Exchangeable Shares as against AcquisitionCo (or, if so required, to ensure that any such retraction shall be effective only upon, and shall be conditional upon, the closing of the Bid and only to the extent necessary to tender or deposit to the Bid).