Endeavour Shares definition
Examples of Endeavour Shares in a sentence
The exchange of Avion Shares for Exchangeable Shares or New Avion Shares and the exchange of New Avion Shares for Endeavour Shares pursuant to the Plan of Arrangement is intended to qualify as one or more reorganizations within the meaning of Section 368(a) of the U.S. Tax Code and this Agreement, together with the Plan of Arrangement, is intended to be a “plan of reorganization” within the meaning of the Treasury Regulations promulgated under Section 368 of the U.S. Tax Code.
The Parties acknowledge that the exchange of Avion Shares for Exchangeable Shares or New Avion Shares and the exchange of New Avion Shares for Endeavour Shares pursuant to Section 3.1 of the Plan of Arrangement are interdependent steps in a single transaction, to which the Parties hereto are legally committed as provided herein, and which the Parties intend to treat as a single integrated transaction.
Endeavour does not have legal or beneficial ownership, control or direction over any Avion Shares, other than the right to receive Endeavour Shares pursuant to the exchange featured in the Exchangeable Loan.
Subject to applicable Law and to Section 5.4 hereof, at the time of such compliance, there shall, in addition to the delivery of Consideration to which such holder is thereby entitled, be delivered to such holder, without interest, the amount of the dividend or other distribution with a record date after the Effective Time theretofore paid with respect to such Endeavour Shares.
The Endeavour Shares are listed on the TSX and quoted on the OTC QX, and are not listed or quoted on any other market, and the Endeavour CDIs are listed on the ASX.
The Endeavour Shares are listed on the TSX and quoted on the OTC QX and are not listed or quoted on any other market.
If the aggregate number of Endeavour Shares otherwise issuable to a Former True Gold Shareholder pursuant to Section 3.1(b) hereof would result in a fraction of an Endeavour Share being issuable, the number of Endeavour Shares to be issued to such Former True Gold Shareholder shall be rounded down to the nearest whole Endeavour Share.
Each Eligible Holder will be entitled to elect in his, her or its Letter of Transmittal to receive the Consideration in the form of Exchangeable Shares or Endeavour Shares.
Any such sale of Endeavour Shares shall be affected on a public market and as soon as practicable following the Effective Date.
Notwithstanding the foregoing, if it appears to Endeavour that it would be contrary to applicable law to issue Endeavour Shares pursuant to the Arrangement to a person that is not a resident of Canada or the United States, the Endeavour Shares that otherwise would be issued to that person will be issued and delivered to the Depositary for the sale by the Depositary on behalf of that person.