Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has placed Shares hereunder setting forth the number of shares sold on such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof.
Confirmation to the Company. If acting as sales agent hereunder, each applicable Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has placed Shares hereunder setting forth the number of shares sold on such Trading Day, the corresponding average Sales Price, the aggregate gross proceeds, the total fees payable to the Agents (the Selling Commission plus any additional fees) and the Net Issuance Price payable to the Company in respect thereof. The applicable Agent will deliver to the Company, for each fiscal quarter of the Company and fiscal year of the Company during which Shares are sold pursuant to this Agreement, and otherwise as reasonably requested by the Company to enable the Company to meet its quarterly and annual or other reporting requirements under Canadian Securities Laws or any applicable requirements of the TSX or NYSE, within three Trading Days (or such lesser number of days as agreed to by the Company and the applicable Agent) after the end of the fiscal quarter or fiscal year, a report stating the number of Shares distributed pursuant to this Agreement during such fiscal quarter or fiscal year, together with such information as specified in Section 4(a), calculated on a quarterly basis or annual basis, as applicable.
Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide no later than 10:00 p.m. ET on the Placement Date written confirmation to the Company setting forth the number of Shares placed on such Trading Day, the corresponding Sales Price, as well as the Nominal Price (in case of New Shares) and the Settlement Price (in case of New Shares) payable to the Company in respect thereof and the Selling Commission payable to the Agent in respect thereof. In case of New Shares, the Agent will (i) provide the subscription certificate in the form provided in Exhibit B together with such written confirmation, (ii) ensure that the Nominal Price is wired to the Bank Account on the Placement Date and received in the Bank Account prior to the issuance of the New Shares by the Company on the Settlement Date and (iii) irrevocably undertake to contribute the Settlement Price to the equity of the Company without issuing new shares (account 115 of the standard chart of accounts “apport en capitaux propres non rémunérés par des titres”) and ensure that the Settlement Price is received in the Bank Account on the Settlement Date following the issuance of the New Shares by the Company and prior to the delivery by the Agent of the placed New Shares to any third party. The Agent acknowledges and agrees that the Company will not be in a position to deliver New Shares in case of delay of payment of the Nominal Price. In case of Treasury Shares, the Agent will ensure that the Sales Price is received in the Bank Account on the Trading Day immediately following the Placement Date and the Company shall subsequently remit the Selling Commission to the Agent in immediately available funds to an account designated in writing by the Agent, no later than the Trading Day following the Placement Date.
Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide written confirmation (including by email correspondence to each of the individuals of the Company set forth on Schedule 2, if receipt of such correspondence is actually acknowledged by any of the individuals to whom the notice is sent, other than via auto-reply) to the Company no later than the opening of the Trading Day next following the Trading Day on which it has placed Shares hereunder setting forth the number of shares sold on such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof.
Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide written confirmation to the Company (i) no later than the market open of TASE on the TASE trading day next following the Trading Day on which it has placed ADSs hereunder setting forth the number of ADSs sold on such Trading Day, the corresponding Sales Price and the Issuance Price payable to the Company in respect thereof; and, (ii) no later than the end of business of the Trading Day following the Trading Day on which it has placed ADSs hereunder that Agent has received the Issuance Price payable to the Company.
Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide written confirmation to the Company no later than 5:30 p.m. (New York City time) on the Trading Day on which it has placed Shares hereunder setting forth the number of shares sold on such Trading Day, the corresponding Sales Price and the Effective Price payable to the Company in respect thereof.
Confirmation to the Company. If acting as sales agent hereunder, the Agent will provide written confirmation to the Company no later than the opening of the Trading Day next following the Trading Day on which it has placed Shares hereunder setting forth the number of shares sold on such Trading Day, the corresponding Sales Price and the Issuance Price 276938411 v5 payable to the Company in respect thereof. Notwithstanding anything else in this Agreement, the parties agree that the Agent and the Forward Seller must only sell or offer to sell Shares or Forward Hedge Shares (as applicable) on the Principal Market or in the United States of America.
Confirmation to the Company. If acting as sales agent or forward seller hereunder, the relevant Agent will provide written confirmation to the Company following the closing of trading on the Principal Market on each Trading Day on which Shares are sold hereunder setting forth: (i) the number of Primary Shares and Forward Hedge Shares sold on such day, (ii) the aggregate Sales Price of such Shares, (iii) the aggregate Net Proceeds to the Company or the Forward Purchaser, as applicable, (iv) the Initial Forward Price (as defined in the applicable Confirmation) as of such day under any Confirmation pursuant to which the Forward Hedge Shares were sold on such day, and (v) the Selling Commission payable by the Company to such Agent with respect to such sales. If sales of Forward Hedge Shares are made by the Agent under a Confirmation, promptly, and in no event later than the opening of the first Trading Day following the Hedge Completion Date (as defined in such Confirmation), the Forward Purchaser shall execute and deliver to the Company a Pricing Supplement (as defined in such Confirmation) in accordance with such Confirmation.
