Common use of Waiver of Flip-In Events Clause in Contracts

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than in the circumstances described in Subsection 5.2(b) or (c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 13 contracts

Samples: Shareholder Rights Plan Agreement (Pretium Resources Inc.), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

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Waiver of Flip-In Events. (a) With Subject to the prior consent of the holders of Voting Shares or Rights obtained as set forth in accordance with Subsection 5.5(bSection 5.6(e) or 5.6(f), as applicable, the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular sent to all holders of Voting Shares or otherwise than in the circumstances described set out in Subsection 5.2(b) or (cSection 5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Primo Water Corp /CN/), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b)Shares, the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares of Convertible Securities otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances described set forth in Subsection 5.2(b5.2(c) or (c)and subject to receipt of Shareholder Approval, waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Ivanhoe Mines LTD), Shareholder Rights Plan Agreement (Ivanhoe Mines LTD)

Waiver of Flip-In Events. (a1) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the The Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than in the circumstances described in Subsection 5.2(bSection 5.2(2) or (cSection 5.2(3), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Vitran Corp Inc), Shareholder Rights Plan Agreement (Potash Corp of Saskatchewan Inc)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b5.4(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than in the circumstances described in Subsection 5.2(b) or (c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 2 contracts

Samples: Shareholder Protection Rights Agreement (Geac Computer Corp LTD), Shareholder Protection Rights Agreement (Geac Computer Corp LTD)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the The Board of Directors Directors, may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares or Convertible Securities otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances described set forth in Subsection 5.2(b5.2(c) or (c)and subject to receipt of Shareholder Approval, waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Tanzanian Royalty Exploration Corp), Shareholder Rights Plan Agreement (North American Energy Partners Inc.)

Waiver of Flip-In Events. (a) With Subject to the prior consent of the holders of Voting Shares or Rights obtained as set forth in accordance with Subsection 5.5(bSection 5.5(e) or 5.5(f), as applicable, the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular sent to all holders of Voting Shares or otherwise than in the circumstances described set out in Subsection 5.2(b) or (cSection 5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Hudbay Minerals Inc.), Shareholder Rights Plan Agreement (Cott Corp /Cn/)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the The Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular sent to all holders of Voting Shares or otherwise than in the circumstances described set out in Subsection 5.2(b) or (cSection 5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Zarlink Semiconductor Inc)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b)Shares, the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares or Convertible Securities otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances described set forth in Subsection 5.2(bSection 5.2(c) or (c)and subject to receipt of Shareholder Approval, waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.Section

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the The Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances described set forth in Subsection 5.2(bSection 5.2(c) or (c)hereof, waive the application of Section 3.1 hereof to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the The Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances described set forth in Subsection 5.2(b) or (c5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Falconbridge LTD)

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Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(bsubsection 5.6(e), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares or Convertible Securities otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of record of Voting Shares or otherwise than in the circumstances described set forth in Subsection 5.2(bsubsection 5.2(c) or (c)and subject to receipt of such prior consent, waive the application of Section section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Almaden Minerals LTD)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(bsubsection 5.4(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than in the circumstances described in Subsection subsection 5.2(b) or (c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Rights Agreement (Placer Dome Inc)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than in the circumstances described in Subsection 5.2(b5.5(b) or (c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In such event, the Board of Directors shall extend the Separation Time to a date at least 10 Business Days subsequent to the meeting of shareholders called to approve such event.

Appears in 1 contract

Samples: Shareholder Protection Rights Agreement (Nordion Inc.)

Waiver of Flip-In Events. (a) With Subject to the prior consent of the holders of Voting Shares Securities or Rights obtained as set forth in accordance with Subsection Section 5.5(b), or 5.5(c), as applicable, the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares Securities otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Securities or otherwise than in the circumstances described set forth in Subsection 5.2(b) or (c5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Tricon Residential Inc.)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the The Board of Directors acting in good faith may, at any time prior with respect to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares and/or Convertible Securities otherwise than in the circumstances described in Subsection Section 5.2(b) or (c5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the Board of Directors may, at At any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than in the circumstances described in Subsection 5.2(b) or (c), the Board of Directors acting in good faith may, with the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Gold Standard Ventures Corp.)

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