Terms of Warrants. (1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one Common Share upon payment of the Exercise Price. (2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issued. (3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture. (4) The number of Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1. (5) If, at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Days, the Corporation may, within 10 business days of the occurrence of such event, exercise the Acceleration Right by delivering the Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2. (6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Shares are delivered pursuant to the exercise of any Warrant.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1a) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each Warrant shall entitle each Warrantholder holder thereof, upon the exercise thereof at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Common Share upon payment of the Exercise Price.
(2b) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issued.
(3c) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(4d) The number of Common Shares which that may be purchased pursuant to the Warrants Warrants, and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5e) IfNotwithstanding any other provisions herein, if at any time after the Closing Date and prior to date which is 12 months after the Expiry Date of the WarrantsIssue Date, the volume weighted average trading price of the Common Shares on the CSE (or if the Common Shares are not listed on the CSE, then on such other recognized Canadian stock exchange where on which the Common Shares are then listed) is greater than equals or exceeds $1.40 for a period of 10 2.00 over any 15 consecutive Trading Days, the Corporation mayshall be entitled, within 10 business 15 days of the occurrence of such event, to accelerate the exercise period of the Acceleration Right by delivering Warrants to a period ending on the Acceleration Notice date that is 30 days from the date that notice of such acceleration is provided to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation and to deliver Common Shares upon the exercise of any Warrant if Warrantholders through the person to whom such shares are to be delivered is a resident issuance by the Corporation of a country or political subdivision thereof press release specifying the new Expiry Date (the “Acceleration Notice”). From and after the new Expiry Date specified in which the Common Shares such Acceleration Notice, no Warrants may not lawfully be issued pursuant to applicable securities legislation. The Corporation or exercised, and all unexercised Warrants shall be void and of no effect following the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Shares are delivered pursuant to the exercise of any Warrant.new Expiry Date.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each whole Warrant shall entitle each Warrantholder thereof, upon exercise and payment of the Exercise Price at any time after the Issue Date and prior to the Expiry Time, to acquire one Common Share upon payment of the Exercise PriceWarrant Share.
(2) Each whole Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(3) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Warrant Shares. Any fractional Common Shares Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issued.
(3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this IndentureWarrant.
(4) If, before the Expiry Date, the daily volume weighted average price of the Common Shares on the CSE or other principal recognized stock exchange is equal to or exceeds $3.80 for a period of 20 consecutive Trading Days, the Corporation may, within 15 days after the 20th consecutive Trading Day of any such period, in its absolute discretion, deliver a notice in accordance with the notice provisions contained herein and any other applicable laws accelerating the Expiry Date to the 30th day after the date of such notice (the “Accelerated Expiry Date”, and collectively the “Acceleration Provisions”).
(5) The number of Common Warrant Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5) If, at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Days, the Corporation may, within 10 business days of the occurrence of such event, exercise the Acceleration Right by delivering the Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Common Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Warrant Shares are delivered pursuant to the exercise of any Warrant.Warrant.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one Common (1) Share upon payment of the Exercise Price.
(2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issuedWarrant.
(3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(4) The number of Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5) If, at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Days, the Corporation may, within 10 business days of the occurrence of such event, exercise the Acceleration Right by delivering the Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Shares are delivered pursuant to the exercise of any Warrant.Warrant.
(6) If at any time after February 8, 2021, the volume-weighted average trading price of the Shares on the Exchange (or such other stock exchange where the Shares are then listed) is greater than $2.50 for a period of 20 consecutive Trading Days, the Corporation may exercise the Acceleration Right by delivering an Acceleration Notice to the Warrantholders whereupon the Warrants will expire on the date specified in the Acceleration Notice which shall not be earlier than the 30th calendar day after the date of such Acceleration Notice. An Acceleration Notice shall be delivered to each Warrantholder pursuant to a news release issued by the Corporation advising the Warrantholders of the Corporation’s exercise of the Acceleration Right.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 Article 4, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to before the Expiry Time, to acquire one Common Share upon payment of the Exercise Price.
(2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issued.
(3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(4) The number of Common Shares which may be purchased pursuant to upon exercise of the Warrants and the Exercise Price therefor shall may be adjusted upon the events and in the manner specified in Section 4.1Article 4.
(5) If, If at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading closing price of the Common Shares shall equal or exceed $2.50 for a period of twenty (20) consecutive Trading Days on the CSE (Canadian Securities Exchange, or such other stock exchange where on which the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Daystrading, the Corporation mayshall be entitled, within 10 business days at the option of the occurrence of such eventCorporation, to exercise the Acceleration Right by delivering the an Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in Warrantholders via news release within 10 calendar days of the manner in Section 10.2end of such 20 consecutive Trading Day period.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Shares are delivered pursuant to the exercise of any Warrant.Warrant.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Common Share upon payment of the Exercise Price.
(2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number , and no Warrantholder will be entitled to any cash or other consideration shall be paid for in lieu of any such fractional interest in a Common Share which is not issuedor claim thereto.
(3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(4) The number of Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5) If, If at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than exceeds $1.40 1.20 per Common Share for a any period of 10 20 consecutive Trading Daystrading days on TSX-V, the Corporation mayshall have the right (the “Acceleration Right”), within 10 business days exercisable at the option of the occurrence Corporation within five Business Days following such 20-day period, to accelerate the Expiry Date of such event, exercise the Acceleration Right Warrants by delivering the an Acceleration Notice to the Registered WarrantholdersWarrantholders and issuing an Acceleration Press Release, in which case the Expiry Date shall be deemed to be the 30th day following the later of (a) the date on which the Acceleration Notice is sent, and (b) the date of issuance of the Acceleration Press Release. The An Acceleration Notice shall be delivered sent to each Registered Warrantholder in the manner set out in Section 10.210.1.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Shares are delivered pursuant to the exercise of any Warrant.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one Common Share upon payment of the Exercise Price.
(2) The Expiry Date may be amended to an earlier date in accordance with this Section 2.2(2). If, at any time prior to the Expiry Time, the volume weighted average price of the Common Shares on the CSE is equal to or greater than $0.65 per Common Share over a period of ten (10) consecutive trading days then, at any time thereafter, the Company may give notice to the Warrantholders in the manner set forth in Section 10.2 that the Warrants shall expire on the date that is 30 days following the date of such notice, which date shall then be the amended Expiry Date, subject to the Company issuing a press release announcing the acceleration of the Expiry Date on the same date of such notice. During such 30 day period, a Warrantholder may exercise its Warrants in accordance with Article 3.
(3) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issuednumber.
(34) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(45) The number of Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5) If, at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Days, the Corporation may, within 10 business days of the occurrence of such event, exercise the Acceleration Right by delivering the Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Common Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Shares are delivered pursuant to the exercise of any Warrant.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one Common Share upon payment of the Exercise Price.
2) The Expiry Date may be amended to an earlier date in accordance with this Section 2.2(2). If, at any time prior to the Expiry Time, the volume weighted average price of the Common Shares on the CSE is equal to or greater than $6.00 per Common Share over a period of ten (210) consecutive trading days then, at any time thereafter, subject to the Company giving notice to the Warrantholders in the manner set forth in Section 10.2, the Warrants shall expire upon not less than fifteen days' notice (the “Acceleration Clause”). During such fifteen (15) day period, the holders may exercise their Warrants in accordance with the terms contained herein.
3) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issuednumber.
(34) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(45) The number of Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5) If, at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Days, the Corporation may, within 10 business days of the occurrence of such event, exercise the Acceleration Right by delivering the Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation Company nor the Warrant Agent shall have any obligation to deliver Common Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation Company or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation Company and Warrant Agent before Common Warrant Shares are delivered pursuant to the exercise of any Warrant.Warrant.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1a) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each Warrant shall entitle each Warrantholder holder thereof, upon the exercise thereof at any time after the Issue Date and prior to the Expiry Time, to acquire one (1) Common Share upon payment of the Exercise Price.
(2b) No fractional Warrants shall be issued or otherwise provided for hereunder issued, other than in integrals of one-half Warrants and the number of Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall so issuable will be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issuedone-half Warrant.
(3c) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(4d) The number of Common Shares which that may be purchased pursuant to the Warrants Warrants, and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5e) IfNotwithstanding any other provisions herein, if at any time after the Closing Date and prior to the Expiry Maturity Date the Current Market Price of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other recognized stock exchange where on which the Common Shares are then listedlisted for trading) is greater than $1.40 for a period of 10 consecutive Trading DaysDays equals or exceeds C$3.20, the Corporation mayshall be entitled, within 10 business 15 days of the occurrence of such event, to accelerate the exercise period of the Acceleration Right by delivering Warrants to a period ending on the Acceleration Notice date that is 30 days from the date that notice of such acceleration is provided to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation and to deliver Common Shares upon the Warrantholders through the issuance by the Corporation of a press release specifying the new Expiry Date (the “Acceleration Notice”). For greater certainty, the ability of the Corporation to accelerate the exercise period of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Shares may not lawfully be issued Warrants pursuant to this Section 2.2(e) shall only be applicable securities legislationto issued and outstanding Warrants as at the new Expiry Date. The Corporation or Notwithstanding the Warrant Agent may require foregoing, with respect to any person to provide proof of an applicable exemption from such securities legislation Warrants issued on a date subsequent to the Corporation and Warrant Agent before Common Shares are delivered new Expiry Date, the Warrantholders thereof must exercise such Warrants pursuant to Article 3 within seven (7) days of the exercise of applicable Issue Date failing which any Warrant.such unexercised Warrants shall be void and no effect following such seven (7) day period.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one Common Share upon payment of the Exercise Price.
2) The Expiry Date may be amended to an earlier date in accordance with this Section 2.2(2). If, at any time prior to the Expiry Time, the volume weighted average price of the Common Shares on the CSE is equal to or greater than $3.81 per Common Share over a period of ten (210) consecutive trading days then, at any time thereafter, subject to the Company giving notice to the Warrantholders in the manner set forth in Section 10.2, the Warrants shall expire upon not less than fifteen days' notice (the "Acceleration Clause"). During such fifteen (15) day period, the holders may exercise their Warrants in accordance with the terms contained herein.
3) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issuednumber.
(34) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(45) The number of Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5) If, at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Days, the Corporation may, within 10 business days of the occurrence of such event, exercise the Acceleration Right by delivering the Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation Company nor the Warrant Agent shall have any obligation to deliver Common Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation Company or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation Company and Warrant Agent before Common Warrant Shares are delivered pursuant to the exercise of any Warrant.Warrant.
Appears in 1 contract
Samples: Warrant Indenture
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 4.1, each whole Warrant shall entitle each Warrantholder thereof, upon exercise and payment of the Exercise Price at any time after the Issue Date and prior to the Expiry Time, to acquire one Common Share upon payment of the Exercise PriceWarrant Share.
(2) Each whole Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(3) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Warrant Shares. Any fractional Common Shares Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issued.
(3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this IndentureWarrant.
(4) If, before the Expiry Date, the volume weighted average price of the Common Shares on the Exchange or other principal recognized stock exchange is equal to or exceeds $0.70 for a period of 10 consecutive Trading Days, the Corporation may, within 15 days after the 10th consecutive Trading Day of any such period, in its absolute discretion, deliver a notice in accordance with the notice provisions contained herein and any other applicable laws accelerating the Expiry Date to the 30th day after the date of such notice (the "Accelerated Expiry Date", and collectively the "Acceleration Provisions").
(5) The number of Common Warrant Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1.
(5) If, at any time after the Closing Date and prior to the Expiry Date of the Warrants, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) is greater than $1.40 for a period of 10 consecutive Trading Days, the Corporation may, within 10 business days of the occurrence of such event, exercise the Acceleration Right by delivering the Acceleration Notice to the Registered Warrantholders. The Acceleration Notice shall be delivered to each Registered Warrantholder in the manner in Section 10.2.
(6) Neither the Corporation nor the Warrant Agent shall have any obligation to deliver Common Warrant Shares upon the exercise of any Warrant if the person to whom such shares are to be delivered is a resident of a country or political subdivision thereof in which the Common Warrant Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Warrant Shares are delivered pursuant to the exercise of any Warrant.Warrant.
Appears in 1 contract
Terms of Warrants.
(1) Subject to the applicable conditions for exercise set out in Article 3 having been satisfied and subject to adjustment in accordance with Section 4.1 Article 4, each Warrant shall entitle each Warrantholder thereof, upon exercise at any time after the Issue Date and prior to the Expiry Time, to acquire one Common Share upon payment of the Exercise Price.
(2) No fractional Warrants shall be issued or otherwise provided for hereunder and Warrants may only be exercised in a sufficient number to acquire whole numbers of Common Shares. Any fractional Common Shares Warrants shall be rounded down to the nearest whole number and no consideration shall be paid for any such fractional Common Share which is not issuednumber.
(3) Each Warrant shall entitle the holder thereof to such other rights and privileges as are set forth in this Indenture.
(4) The number of Common Shares which may be purchased pursuant to the Warrants and the Exercise Price therefor shall be adjusted upon the events and in the manner specified in Section 4.1Article 4.
(5) IfNotwithstanding any other term of this Indenture or the Warrants, if at any time on or after the Closing Date and prior to the Expiry Date of the WarrantsNovember 11, 2020, the volume weighted average trading price of Common Shares on the CSE (or such other stock exchange where the Common Shares are then listed) Current Market Price is greater than $1.40 for a period of 10 1.50 per Common Share over the preceding twenty (20) consecutive Trading Days, the Corporation may, within 10 business days of may notify the occurrence of such event, exercise the Warrant Agent in writing that it is exercising its Acceleration Right by delivering and require that the Expiry Date be accelerated to a date that is 30 days following the delivery of the Acceleration Notice by the Warrant Agent to the Registered Warrantholders. The Acceleration Notice shall , and the Expiry Date will be delivered to each Registered Warrantholder in the manner in Section 10.2so amended.
(6) Neither The Warrant Agent agrees to send the Corporation nor Acceleration Notice by first class mail to the Warrantholders within five (5) Business Days following receipt by the Warrant Agent of the Accleration Notice of the Corporation that it will be exercising its Acceleration Right pursuant to Section 2.2(5), and the Acceleration Notice shall have any obligation to deliver Common Shares upon the exercise of any Warrant if the person to whom such shares are be deemed to be delivered is a resident of a country or political subdivision thereof in which the Common Shares may not lawfully be issued pursuant to applicable securities legislation. The Corporation or the Warrant Agent may require any person to provide proof of an applicable exemption from such securities legislation to the Corporation and Warrant Agent before Common Shares are delivered pursuant to Warrantholders on the exercise of any Warrant.third Business Day following such five (5) Business Day period.
Appears in 1 contract
Samples: Warrant Indenture