STRATEGIC INVESTMENT AGREEMENT between ALGONQUIN POWER & UTILITIES CORP. - and - EMERA INCORPORATED DATED as of April 29, 2011Strategic Investment Agreement • October 19th, 2011 • Algonquin Power & Utilities Corp. • Electric services • Ontario
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows:
UNDERWRITING AGREEMENTUnderwriting Agreement • October 19th, 2011 • Algonquin Power & Utilities Corp. • Electric services • Ontario
Scotia Capital Inc. (“Scotia”), BMO Nesbitt Burns Inc. (“BMO”), CIBC World Markets Inc., National Bank Financial Inc., TD Securities Inc., Macquarie Capital Markets Canada Ltd., RBC Dominion Securities Inc., Canaccord Genuity Corp., Desjardins Securities Inc., Stifel Nicolaus Canada Inc., Mackie Research Capital Corporation and Cormark Securities Inc. (individually, an “Underwriter” and collectively, the “Underwriters”) understand that Algonquin Power & Utilities Corp. (the “Corporation”) proposes to issue and sell 15,100,000 common shares in the capital of the Corporation (the “Common Shares”) at a price of $5.65 per Common Share, payable at the Time of Closing (as hereinafter defined) for an aggregate purchase price of $85,315,000 (the “Purchase Price”). Pursuant to the terms of this letter, the Underwriters hereby severally, and not jointly or jointly and severally, offer to purchase from the Corporation, and by its acceptance of the offer made by this letter, the Corporation agrees
