Examples of Deemed Exercise in a sentence
Every Special Warrant represented by a Special Warrant Certificate countersigned by the Special Warrant Agent or Uncertificated Special Warrant that has been Authenticated and delivered to the holder thereof is deemed to be outstanding until it is cancelled or delivered to the Special Warrant Agent for cancellation or until the Deemed Exercise Time.
All Special Warrants will be deemed to have been exercised immediately prior to the Deemed Exercise Time and surrendered by the Special Warrantholders without any further action on the part of the Special Warrantholders.
No Special Warrants may be voluntarily exercised by the holders thereof at any time after their issuance, unless agreed to by the Corporation pursuant to a supplemental indenture entered into with the Special Warrant Agent providing for such exercise and subject to any certificates issued prior to the Deemed Exercise Date bearing the legends set out in Section 5.8.
B Warrants that (i) lapse unexercised at the Deemed Exercise Date, (ii) are deemed exercised and with respect to which B Shares are delivered to the relevant Holders in accordance with Condition 4 or (iii) are cancelled following the redemption of all A Warrants, shall be cancelled and cease to exist.
The Special Warrants will be deemed to be exercised on the date that is the earlier of (a) the Deemed Exercise Date, and (b) the third business day following the date on which Final Receipt has been issued, at which time each Special Warrant shall be automatically exercised for one Qualified Share, subject to adjustment in certain circumstances, without payment of any additional consideration and without further action on the part of the holder.
That the Corporation will use its best efforts to ensure that the listing of the Common Shares on the TSXV is maintained and that the Underlying Shares underlying the Special Warrants and the Common Shares underlying the Underlying Warrants will be approved for listing and trading on the TSXV as of the Deemed Exercise Time.
The Special Warrants will be deemed to have been exercised, delivered and surrendered by the holders thereof immediately prior to the Deemed Exercise Time without any further action on the part of the holders.
No Special Warrants may be voluntarily exercised by the holders thereof at any time after their issuance, unless agreed to by the Corporation pursuant to a Supplemental Indenture entered into with the Special Warrant Agent providing for such exercise and subject to any certificates issued prior to the Deemed Exercise Date bearing the legends set out in Section 5.8.
Upon exercise or deemed exercise of the NCI Special Warrants, it is anticipated that evidence of ownership representing the Underlying Securities will be issued in non-certificated book-entry only form and registered to CDS or its nominee and deposited with CDS on the day following the date of exercise or the Deemed Exercise Date.
If a single Holder does not hold all of the B Warrants on the Deemed Exercise Date, each Holder shall be deemed to have automatically exercised the B Warrants held by it in the same proportion as A Warrants were duly exercised and the above paragraphs shall apply mutatis mutandis to each such portion of B Warrants.