Timing of Rights Offering. Subject to and in accordance with the provisions hereof, PolyMet agrees that it will file with the Securities Authorities in the Qualifying Jurisdictions and with the SEC: (i) the Preliminary Prospectus and the Registration Statement as soon as practicable following the execution of this Agreement and in any event no later than the date hereof; and (ii) the Final Prospectus and the Registration Statement on or before the day which is five Business Days immediately following the date on which all necessary approvals and consents are received from the Securities Authorities that are necessary or advisable, in PolyMet’s opinion, acting reasonably, to proceed with the filing of the Final Prospectus and the Registration Statement and completion of the Rights Offering (or such other date as the Parties may agree acting reasonably). PolyMet will use its best efforts to obtain a Decision Document as soon as possible following the filing of each of the Preliminary Prospectus and Final Prospectus with the Securities Authorities and to obtain final TSX and NYSE MKT approval of the Rights Offering as soon as possible following the filing of the Final Prospectus with the Securities Authorities and the Registration Statement with the SEC. On receipt of the Decision Document and final TSX and NYSE MKT approval, PolyMet shall:
(a) as soon as reasonably practicable announce that the record date will be the date falling not less than seven trading days after that announcement (the "Record Date"); and
(b) (i) within two Business Days after the Record Date, mail to holders of record in a Qualifying Jurisdiction a certificate (a "Rights Certificate") evidencing the total number of rights to which a Qualifying Shareholder is entitled, together with a commercial copy of the Final Prospectus or the Registration Statement, as applicable, (ii) within six Business Days after the Record Date, mail to beneficial holders in a Qualifying Jurisdiction (determined pursuant to and in the manner contemplated by NI 54-101) a Rights Certificate evidencing the total number of rights to which a Qualifying Shareholder is entitled, together with a commercial copy of the Final Prospectus or the Registration Statement, as applicable, (iii) within two Business Days after the Record Date, mail to holders of record not in a Qualifying Jurisdiction a commercial copy of the Final Prospectus or the Registration Statement, as applicable, together with a letter advising them that their Rights Certificates ...
Timing of Rights Offering. Subject to and in accordance with the terms hereof, ITP agrees that it will file with the Canadian Securities Commissions: (i) the Preliminary Prospectus on or about July 27, 2007; and (ii) the Final Prospectus on or before the day which is two Business Days following the date on which all necessary approvals and consents are received from the Canadian Securities Commissions and the TSX which are necessary or advisable, in ITP’s opinion, acting reasonably, to proceed with the filing of the Final Prospectus and completion of the Rights Offering. ITP will use commercially reasonable efforts to obtain a receipt (or analogous decision document) as soon as possible following the filing of each of the Preliminary Prospectus and Final Prospectus with the Canadian Securities Commissions.
Timing of Rights Offering. Subject to and in accordance with the terms hereof, Postmedia agrees that it will file:
(a) with the Securities Commissions, the Preliminary Prospectus on or as soon as reasonably practicable after the Rights Offering Launch Date;
(b) with the Securities Commissions, the Final Prospectus on the day which is two Business Days following the date on which all necessary approvals and consents are received from the Securities Commissions and the TSX which are necessary or advisable, in Postmedia’s opinion, acting reasonably, to proceed with the filing of the Final Prospectus and completion of the Rights Offering.
(c) with the SEC, the Form F-7 registration statement no later than the date on which the Final Prospectus is mailed to holders of record of Shares on the Record Date; and
(d) with applicable state securities commissions, any required filings; provided that Postmedia shall not be required to make any filing with any state securities commission (i) where such commission would conduct a substantive review of the Preliminary Prospectus or the Final Prospectus or (ii) which would result, in the reasonable judgment of Postmedia, in undue expense or delay to the closing of the Rights Offering. Postmedia will use commercially reasonable efforts to obtain a receipt (or analogous decision document) as soon as possible following the filing of each of the Preliminary Prospectus and Final Prospectus (and any Prospectus Amendment) with the Securities Commissions.
Timing of Rights Offering. Catalyst shall effect the Rights Offering in accordance with the terms and timing requirements set forth in Section 2.4 of the Standby Purchase Agreement.
Timing of Rights Offering. Subject to and in accordance with the terms hereof, Ceres agrees that it will file with the Canadian Securities Commissions (i) the Preliminary Prospectus (in English and French) on or about October 7, 2014; and (ii) the Final Prospectus (in English and French) on or before the day which is three Business Days following the date on which all necessary approvals and consents are received from the Canadian Securities Commissions and the TSX which are necessary or advisable, in Ceres’s opinion, acting reasonably, to proceed with the filing of the Final Prospectus and completion of the Rights Offering. Ceres will use commercially reasonable efforts to obtain a receipt (or analogous decision document) as soon as possible following the filing of each of the Preliminary Prospectus and Final Prospectus (and any Prospectus Amendment) with the Canadian Securities Commissions and take all other steps and proceedings that may be necessary in order to qualify the distribution of the Securities in each of the Canadian Qualifying Jurisdictions in which the Final Prospectus has been filed.
Timing of Rights Offering. Subject to and in accordance with the terms hereof, Shoal Point agrees that it will file with the CSE the Offering Circular and Offering Notice and clear any comments on the Offering Circular and Offering Notice by the CSE, then set the Record Date for the Rights Offering to be no later than February 2, 2018.
Timing of Rights Offering. Subject to and in accordance with the terms hereof, PERC agrees that it will file with the Canadian Securities Commissions: (i) the Preliminary Prospectus on or about the date hereof; and (ii) the Final Prospectus on or before the day which is two Business Days following the date on which all necessary approvals and consents are received from the Canadian Securities Commissions and the TSX that are necessary or advisable, in PERC’s opinion, acting reasonably, to proceed with the filing of the Final Prospectus and completion of the Rights Offering. PERC will use commercially reasonable efforts to obtain a receipt (or analogous decision document) as soon as possible following the filing of each of the Preliminary Prospectus and Final Prospectus with the Canadian Securities Commissions.
Timing of Rights Offering. Subject to and in accordance with the terms hereof, CGX agrees that it will file with the TSXV the Offering Circular, the Offering Notice, this Agreement and all other required documents and fees, on or about December 14, 2018, and use commercially reasonable efforts to settle any comments on the Offering Circular and Offering Notice from the TSXV no later than February 1, 2019, then set the Record Date for the Rights Offering to be no later than February 11, 2019.
Timing of Rights Offering. Subject to and in accordance with the terms hereof, Catalyst agrees that it will file with the Securities Commissions (a) the Preliminary Prospectus on or before February 22, 2008; and (b) the Final Prospectus on the later of (i) the Business Day next following the first date on which a full five (5) day Trading Observation Period has been completed and the Exercise Price and Rights Ratio determined in accordance with Section 2.3 hereof and (ii) the Business Day next following the date on which all necessary approvals and consents are received from the Securities Commissions and the TSX which are necessary or advisable, in Catalyst’s opinion, acting reasonably, to proceed with the filing of the Final Prospectus and completion of the Rights Offering. Catalyst will use commercially reasonable efforts to obtain a receipt (or analogous decision document) as soon as possible following the filing of each of the Preliminary Prospectus and Final Prospectus (and any Prospectus Amendment) with the Securities Commissions.
Timing of Rights Offering. Subject to and in accordance with the terms hereof, ATS agrees that it will file with the Canadian Securities Commissions (i) the Preliminary Prospectus on or about June 25, 2007; and (ii) the Final Prospectus on or before the day which is the later of (i) three Business Days following Trading Observation Period Two and (ii) two Business Days following the date on which all necessary approvals and consents are received from the Canadian Securities Commissions and the TSX which are necessary or advisable, in ATS’ opinion, acting reasonably, to proceed with the filing of the Final Prospectus and completion of the Rights Offering. ATS will use commercially reasonable efforts to obtain a receipt (or analogous decision document) as soon as possible following the filing of each of the Preliminary Prospectus and Final Prospectus with the Canadian Securities Commissions.
