Examples of Debenture Units in a sentence
The Corporation agrees that all terms and conditions set out in this Agreement will be construed as conditions and any breach or failure by the Corporation to comply with any such conditions in favour of the Agents will entitle the Agents (or any of them) to terminate their obligation to offer to sell the Debenture Units, and, if applicable, the Additional Securities, by written notice to that effect given to the Corporation prior to the Closing Time.
A maximum of 20,000,000 Warrants (subject to adjustment as herein provided), of which up to a maximum of 15,000,000 Warrants shall be issuable to purchasers of Debenture Units pursuant to the Offering and of which up to a maximum of 5,000,000 shall be issuable to purchasers of Debenture Units pursuant to the Over-Allotment Option, are hereby created and authorized to be issued from time to time in accordance with the terms and conditions hereof.
The Corporation shall promptly take, or cause to be taken, all commercially reasonable steps and proceedings that may from time to time be required under applicable Canadian Securities Laws to qualify the distribution of the Convertible Debenture Units in the Qualifying Jurisdictions and shall use its commercially reasonable efforts to ensure that such requirements (including the issuance of a Final Receipt for the Final Qualification Prospectus) shall be obtained promptly following the Closing Date.
At the Closing Time, the Agent (together with its U.S. Affiliate) will provide a certificate, substantially in the form of Exhibit 1 to this Schedule “A”, relating to the manner of the offer and sale of the Debenture Units to, or for the account or benefit of, persons in the United States or U.S. Persons.
Subject to the terms and conditions hereinafter provided, the Agents agree to act as the Corporation’s exclusive agents for such purpose and to use its commercially reasonable efforts to effect the sale of the Debenture Units on the Corporation’s behalf to Purchasers in the Offering Jurisdictions, at a price of $1,000 per Debenture Unit.
It is understood that the Agents shall act as agents only and shall not at any time be obligated to purchase or to arrange for the purchase of any Debenture Units.
Once the Preliminary Qualification Prospectus has been filed, comply with section 57 of the Securities Act (Ontario) and with any comparable provisions of the other Canadian Securities Laws, and the Corporation will prepare and file promptly any Supplementary Material which may be necessary and will otherwise comply with all legal requirements necessary to continue to permit the Convertible Debenture Units to be distributed in each of the Qualifying Jurisdictions as contemplated herein.
The representations and warranties of the Corporation and the Agents contained in this Agreement or in any document delivered pursuant to or in connection with this Agreement shall survive the issue and sale of the Debenture Units and will continue in full force and effect for a period of two years following the last Closing Date.
Failure to deliver such a certificate shall constitute a representation by the Agent that neither it, nor and its U.S. Affiliate, nor anyone acting on their behalf has offered or sold Debenture Units to, or for the account or benefit of, persons in the United States or U.S. Persons.