Common use of TSX Restriction Clause in Contracts

TSX Restriction. Notwithstanding anything in this Agreement to the contrary, the Company shall, under no circumstance, deliver a notice of a Regular Purchase under Section 1(b) or of a VWAP Purchase under Section 1(c) on a day on which the TSX VWAP for the five trading days immediately preceding such day less the maximum applicable discount allowed by the TSX reduced by 3% is lower (for greater certainty, if the maximum applicable discount allowed by the TSX is 15%, the maximum discount allowed hereunder shall be 12%) (i) than the Purchase Price in the case of a Regular Purchase; or (ii) the VWAP Minimum Price Threshold in the case of a VWAP Purchase.

TSX Restriction. Notwithstanding anything in this Agreement to the contrary, the Company shall, under no circumstance, deliver a notice of a Regular Purchase under Section 1(b) or of a VWAP Purchase under Section 1(c) on a day on which (i) the Purchase Price in the case of a Regular Purchase or (ii) the VWAP Minimum Price Threshold in the case of a VWAP Purchase is lower the TSX VWAP for the five trading days immediately preceding such day less the maximum applicable discount allowed by the TSX reduced by 31.2% is lower (for greater certainty, if the maximum applicable discount allowed by the TSX is 15%, the maximum discount allowed hereunder shall be 1213.8%) (i) than the Purchase Price in the case of a Regular Purchase; or (ii) the VWAP Minimum Price Threshold in the case of a VWAP Purchase).

TSX Restriction. Notwithstanding anything in this Agreement to the contrary, the Company shall, under no circumstance, deliver a notice of a Regular Purchase under Section 1(b) or of a VWAP Purchase under Section 1(c) on a day on which (i) the Purchase Price in the case of a Regular Purchase or (ii) the VWAP Minimum Price Threshold in the case of a VWAP Purchase is lower the TSX VWAP for the five trading days immediately preceding such day less the maximum applicable discount allowed by the TSX reduced by 3% is lower (for greater certainty, if the maximum applicable discount allowed by the TSX is 15%, the maximum discount allowed hereunder shall be 12%) (i) than the Purchase Price in the case of a Regular Purchase; or (ii) the VWAP Minimum Price Threshold in the case of a VWAP Purchase).