Disclosed Publicly definition

Disclosed Publicly means publicly disclosed in a filing by the Company or a predecessor of the Company with the Ontario Securities Commission since January 1, 2005 and on or prior to the date of this Agreement which is currently available for retrieval through the SEDAR system.

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Disclosed Publicly means making, or becoming, available publicly and includes, but is not limited to, the filing of all material change reports, press releases and financial statements of Yamana or Viceroy, as the case may be;

Disclosed Publicly means disclosed or furnished by the Company in a publicly available filing (i) on the Electronic Document Gathering, Analysis and Retrieval System (EDGAR) or (ii) with the OSC which is available for retrieval through the SEDAR system, in each case prior to the date of this Agreement;

Examples of Disclosed Publicly in a sentence

• Except as Disclosed Publicly by Portugal or as Disclosed to Italy, neither Portugal nor any of its Subsidiaries directly or indirectly owns any material interest or investment (whether equity or debt) nor has any rights to acquire any material interest or investment in any Person (other than a Subsidiary of Portugal).

• Except as Disclosed Publicly by Italy or as Disclosed to Portugal, neither Italy nor any of its Subsidiaries directly or indirectly owns any material interest or investment (whether equity or debt) nor has any rights to acquire any material interest or investment in any Person (other than a Subsidiary of Italy).

• There has been no material reduction (other than as a result of operations in the ordinary course of business) in the aggregate amount of estimated mineral reserves and estimated mineral resources of Italy, its Subsidiaries and its material joint ventures, taken as a whole, from the amounts Disclosed Publicly by Italy.

• There has been no material reduction in the aggregate amount of estimated mineral reserves, estimated mineral resources or mineralized material of the Offeror, its Subsidiaries and its material joint ventures, taken as a whole, from the amounts Disclosed Publicly by the Offeror as of December 31, 2004.

• Portugal, its Subsidiaries and its material joint ventures hold all mineral rights required to continue their respective businesses and operations as currently conducted and as proposed to be conducted as Disclosed Publicly by Portugal, except to the extent that a failure to do so would not constitute a Material Adverse Effect with respect to Portugal.

• The Offeror’s percentage of ownership of all Subsidiaries and all material joint ventures is as Disclosed Publicly.

• There is no strike or lock out occurring or, to the Knowledge of the Company, threatened affecting the Company, any of its Subsidiaries or any of its material joint ventures that would have a Material Adverse Effect with respect to the Company, except as Disclosed Publicly.

• Except as Disclosed Publicly, or for liabilities and obligations incurred in the ordinary course of business consistent with past practice since December 31, 2004, none of the Offeror nor any of its Subsidiaries or material joint ventures has any liabilities or obligations of any nature (whether accrued, absolute, contingent or otherwise) except for those that would not, in the aggregate, reasonably be expected to have a Material Adverse Effect with respect to the Offeror.

• Except as Disclosed Publicly by Portugal or as Disclosed to Italy, there are no outstanding obligations of Portugal or any of its Subsidiaries to repurchase, redeem or otherwise acquire any of the items referred to in clauses (i) and (ii) above.

• The estimated proven and probable mineral reserves and estimated indicated, measured and inferred mineral resources Disclosed Publicly by the Offeror as of year-end 2004 have been prepared and disclosed in all material respects in accordance with accepted engineering practices and all applicable Laws.

More Definitions of Disclosed Publicly

Disclosed Publicly means disclosed or furnished by the Company in a publicly available filing (i) on the Electronic Document Gathering, Analysis and Retrieval System (E▇▇▇▇) or (ii) with the OSC which is available for retrieval through the SEDAR system, in each case prior to the date of this Agreement;

Disclosed Publicly means publicly disclosed in a filing by the Company with the Ontario Securities Commission since March 31, 2005 and on or prior to the date of this Agreement which is currently available for retrieval through the SEDAR system;

Disclosed Publicly means disclosed or furnished by the Company in a publicly available filing (i) on the Electronic Document Gathering, Analysis and Retrieval System (▇▇▇▇▇) or (ii) with the OSC which is available for retrieval through the SEDAR system, in each case prior to the date of this Agreement; “Dissent Rights” means the rights of dissent in respect of the Arrangement as described in the Plan of Arrangement; “D&O Insurance” has the meaning given to it in Section 5.06; “DSU” means a deferred share unit granted pursuant to the Deferred Share Unit Plan; “Effective Date” means the date shown on the Certificate of Arrangement to be issued under the CBCA giving effect to the Arrangement; “Effective Time” means the date and time of the issuance of the Articles of Arrangement by the Director; “Encumbrance” means any mortgage, pledge, assignment, charge, lien, claim, security interest, adverse interest, easement, license, right-of-way, covenant, right of use, encroachment or other encumbrance of any nature or kind; “Environmental Claim” means any and all actions, suits, orders, demands, directives, claims, liens, investigations, requests for information, proceedings or notices of noncompliance, liability or violation by or from any Person alleging liability (including potential responsibility or liability for enforcement, investigatory costs, cleanup costs, response costs, removal costs, remedial costs, natural resources damages or restoration, property damages, personal injuries or penalties) based on, arising out of, resulting from, or in connection with the presence or Release of, or exposure to, any Hazardous Substances at any location; or the failure to comply with any Environmental Law;