Amended Arrangement definition
Examples of Amended Arrangement in a sentence
This Amended Plan of Arrangement is made pursuant to and subject to the provisions of the Arrangement Agreement, except in respect of the sequence of the transactions and events comprising the Amended Arrangement, which shall occur in the order set forth herein.
No rights of creditors against the property and interests of the Company will be impaired by the Amended Arrangement.
All out-of-pocket third party transaction expenses incurred in connection with this Amendment and the transactions contemplated hereunder shall be paid by the Party incurring such expenses, whether or not the Amended Arrangement is consummated.
Where the aggregate number of Purchaser Shares to be issued to a Shareholder pursuant to this Amended Arrangement would otherwise result in a fraction of a Purchaser Share being issuable, then the aggregate number of Purchaser Shares to be issued to such Shareholder shall be rounded down to the closest whole number and no compensation shall be payable to such Shareholder in lieu of any such fractional Purchaser Share.
Purchaser shall be deemed to reject any such offer, unless, within twenty (20) business days after receiving the final execution version of such Amended Arrangement, it delivers written notice to the Company accepting some or all of the additional rights offered in such Amended Arrangement.
The Parties agree that the Amended Arrangement will be carried out with the intention that all Issued Securities will be issued by the Purchaser in reliance on the exemption from the registration requirements of the U.S. Securities Act provided by Section 3(a)(10) thereof and pursuant to exemptions from applicable securities laws of any states of the United States.
Concurrent with the completion of the Required Filings giving effect to the Amended Arrangement, (i) a Subsidiary of the Company shall execute the Debenture; and (ii) a Subsidiary of the Purchaser shall advance US$50,000,000 pursuant to the terms of the Debenture.
The Company and the Purchaser agree that the Amended Arrangement and Amended Plan of Arrangement shall be implemented in accordance with, and subject to the terms and conditions of, this Agreement.
The Amended Arrangement shall become effective in accordance with the Amended Plan of Arrangement at the times specified in the Amended Plan of Arrangement.
The execution and delivery of this Agreement by the Purchaser and the performance by the Purchaser of its obligations under this Agreement have been duly authorized by the board of the directors of the Purchaser and no other corporate proceedings on its part are necessary to authorize this Agreement or the Amended Arrangement, except for obtaining the Amendment Interim Order and the Amendment Final Order.