Terms of Subscription Receipts. Each Subscription Receipt shall evidence the right of the holder to receive the securities and/or the amounts specified in Sections 3.4 and 3.6 hereof, as applicable.
Terms of Subscription Receipts. (1) Subject to the provisions of Articles 4 and 5, each of the Subscription Receipts issued under section 2.1 shall entitle the holder thereof to receive from the Corporation, without payment of additional consideration, that number of Units that is equal to the Exchange Number in effect at the Exercise Date.
(2) Fractional Subscription Receipts shall not be issued or otherwise provided for.
Terms of Subscription Receipts. Each Subscription Receipt shall evidence the right of the holder: (i) to receive, if the Escrow Release Time occurs at or before the Escrow Release Deadline, for no additional consideration, one Underlying Share which shall be immediately exchanged in the Proposed Transaction for one Resulting Issuer Share for each Subscription Receipt held by the Receiptholder; and (ii) if a Termination occurs, to receive an amount equal to the sum of the Subscription Price per such Subscription Receipt and a pro rata share of the Earned Interest, less applicable withholding taxes, if any, all in the manner and on the terms and conditions set out in this Agreement.
Terms of Subscription Receipts. The Subscription Receipts shall evidence the right of the Receiptholder: (i) to receive, if the Escrow Release Time occurs on or before the Escrow Release Deadline, for no additional consideration : (A) one (1) Unit for each Subscription Receipt – A held by the Receiptholder and
Terms of Subscription Receipts. Each Subscription Receipt shall evidence the right of the holder: (i) to receive, if the Escrow Release Time occurs on or before the Escrow Release Deadline, for no additional consideration or further action, one (1) Unit; and (ii) if a Termination Event occurs or if no Conversion Notice is delivered to the Subscription Receipt Agent by the Corporation and the Receiptholder prior to the Escrow Release Deadline, to receive an amount equal to the sum of the Subscription Price per such Subscription Receipt and the Earned Interest, less applicable withholding taxes, if any, all in the manner and on the terms and conditions set out in this Agreement. On the occurrence of a Termination Event or if no Conversion Notice is delivered to the Subscription Receipt Agent by the Corporation and the Receiptholder prior to the Escrow Release Deadline, all Subscription Receipts shall be cancelled and become null and void, provided that the Escrowed Funds have been released to the Receiptholder.
Terms of Subscription Receipts. (1) Subject to the provisions of Article 4, each of the Subscription Receipts issued and countersigned pursuant to section 2.2 shall evidence the right of the holder thereof to receive from the Corporation, without payment of additional consideration, a Unit, each Unit consisting of one (1) Common Share, one (1) Warrant and one (1)
Terms of Subscription Receipts. Each Subscription Receipt shall evidence the right of the holder: (i) to receive, (A) if the First Escrow Release Time occurs on or before the First Escrow Release Deadline, for no additional consideration or further action, one (1) Unit for each Subscription Receipt that represents the Escrowed Proceeds released on the First Escrow Release Date as specified in the Conversion Notice, and (B) if the Second Escrow Release Time occurs on or before the Second Escrow Release Deadline, for no additional consideration or further action, one (1) Unit for each Subscription Receipt that represents the Escrowed Proceeds released on the Second Escrow Release Date as specified in the Conversion Notice; (ii) if a Termination Event occurs or if no Conversion Notice is delivered to the Subscription Receipt Agent by the Corporation and the Receiptholder prior to the First Escrow Release Deadline to receive an amount equal to the Termination Fee and the Earned Interest, less applicable withholding taxes, if any, all in the manner and on the terms and conditions set out in this Agreement plus the amount equal to the Subscription Price for each Subscription Receipt Held, and (iii) if a Termination Event occurs or if no Conversion Notice is delivered to the Subscription Receipt Agent by the Corporation and the Receiptholder after the First Escrow Release Deadline but prior to the Second Escrow Release Deadline, to receive an amount equal to the sum of the Subscription Price per unconverted Subscription Receipt and the Earned Interest, less applicable withholding taxes, if any. On the occurrence of a Termination Event or if no Conversion Notice is delivered to the Subscription Receipt Agent by the Corporation and the Receiptholder prior to the First Escrow Release Deadline or Second Escrow Release Deadline, as applicable, all unconverted Subscription Receipts shall be cancelled and become null and void, provided that the balance of the Escrowed Funds have been released to the Receiptholder.”
(k) The text of section 4.1 in the Agreement is deleted in its entirety and replaced with the following:
Terms of Subscription Receipts. 9 2.4 Fractional Subscription Receipts 9 2.5 Register for Subscription Receipts 9 2.6 Registers Open for Inspection 9 2.7 Receiptholder not a Shareholder 9 2.8 Subscription Receipts to Rank Pari Passu 9 2.9 Signing of Subscription Receipt Certificates. 9 2.10 [Intentionally Deleted] 10 2.11 Issue in Substitution for Subscription Receipt Certificates Lost, etc. 10 2.12 Exchange of Subscription Receipt Certificates. 10 2.13 Transfer and Registration of Subscription Receipts 11 2.14 U.S. Purchaser Subscription Receipt Certificates 12 2.15 Right of Rescission 15 3.1 Release of Funds from Escrow 15 3.2 Delivery of Underlying Common Shares 15
Terms of Subscription Receipts. (a) Each Subscription Receipt shall evidence the right of the Receiptholder: (i) to receive, if the Escrow Release Time occurs on or before the Termination Date, for no additional consideration, one Underlying Common Share; and (ii) if Termination occurs, to receive an amount equal to the sum of the Subscription Price and a pro rata share of the Earned Interest, less applicable withholding taxes, if any, all in the manner and on the terms and conditions set out in this Agreement.
(b) Subject to applicable law, Subscription Receipts represented by a Global Security shall, unless otherwise requested by CDS or the Corporation, be issued as Uncertificated Subscription Receipts. If Subscription Receipts represented by a Global Security are represented in certificated form, they shall be represented by a Subscription Receipt Certificate which shall be delivered to CDS or its nominee. The Global Security will be subject to CDS’s applicable rules and procedures of the Book Entry Only System at to Section 3.14 of this Agreement. U.S. Subscription Receipts shall only be issued in certificated form.
Terms of Subscription Receipts. Each Subscription Receipt shall evidence the right of the holder of record as of the Acquisition Closing Date or the Termination Date, as applicable, to receive, without payment of additional consideration and without any further action:
(a) if the Acquisition Closing Time occurs on or before the Termination Time: (i) at the Acquisition Closing Time, one Underlying Common Share (subject to adjustments in certain circumstances as herein provided) from the Company, and (ii) on the Special Payment Date, the Special Payment, if any, less applicable withholding taxes, if any; and
(b) if Termination occurs, on the Termination Payment Date, an amount equal to the sum of the Subscription Receipt Price and a pro rata share of the Canadian Earned Interest in the case of Canadian and non-U.S. resident Receiptholders or the U.S. Earned Interest in the case of U.S. resident Receiptholders less applicable withholding taxes, if any, all in the manner and on the terms and conditions set forth in this Agreement. References in this Agreement to the issuance of Underlying Common Shares “in exchange” for Subscription Receipts are intended only to reflect the issuance of such Underlying Common Shares in accordance with the rights of Receiptholders to receive such Underlying Common Shares hereunder.
