Final Offering Documents definition

Final Offering Documents means the Canadian Final Prospectus and the U.S. Final Prospectus (including, for greater certainty, the documents incorporated therein by reference).

Final Offering Documents means the Prospectus, the U.S. Offering Memorandum and, for the purposes of the Company’s representations in Section 9 include those documents required to be incorporated by reference into the Prospectus Supplement and which have, on or prior to the date hereof, been filed by the Company on SEDAR;

Final Offering Documents shall include the documents incorporated or deemed to be incorporated by reference therein (including without limitation any marketing material) (the “Incorporated Documents”), including, unless the context otherwise requires, the documents, if any, filed as exhibits to such Incorporated Documents. All references in this Agreement to the Registration Statement, the U.S. Preliminary Prospectus, the Time of Sale Prospectus or the U.S. Final Prospectus, or any amendments or supplements to any of the foregoing, shall include any copy thereof filed with the SEC pursuant to its Electronic Data Gathering, Analysis and Retrieval System (“XXXXX”). All references in this Agreement to Financial Statements (as defined below) and schedules and other information which are “contained,” “included” or “stated” in the Registration Statement, the U.S. Preliminary Prospectus, the Time of Sale Prospectus or the U.S. Final Prospectus (and all other references of like import) shall be deemed to mean and include all such Financial Statements and schedules and other information which is or is deemed to be incorporated by reference in the Registration Statement, the U.S. Preliminary Prospectus, the Time of Sale Prospectus or the U.S. Prospectus, as the case may be; and all references in this Agreement to amendments or supplements to the Registration Statement, the U.S. Preliminary Prospectus, the Time of Sale Prospectus or the U.S. Final Prospectus, as the case may be, shall be deemed to mean and include the filing of any document under the 1934 Act (as defined below) or otherwise that is or is deemed to be incorporated by reference in the Registration Statement, the U.S. Preliminary Prospectus, the Time of Sale Prospectus or the U.S. Final Prospectus, as the case may be. Based on the foregoing, and subject to the terms and conditions contained in this Agreement, the Underwriter agrees to purchase from the Selling Shareholder, and by the Selling Shareholder’s acceptance hereof, the Selling Shareholder agrees to sell to the Underwriter all, but not less than all, of the Securities, on the Closing Date (as defined below) at a price of $87.36 per Security (representing $91.00 per Security less the Underwriting Fee), for an aggregate purchase price for the Securities of $174,720,000 (the “Purchase Price”).

Examples of Final Offering Documents in a sentence

• The Company shall cause commercial copies of the Final Offering Documents to be printed and delivered to the Underwriters without charge, in such quantities and in such cities as the Underwriters may reasonably request by written instructions to the printer of such documents.

• Since the respective dates as of which information is given in the Final Offering Documents, except as otherwise stated therein, (i) there has been no Material Adverse Change; (ii) there have been no transactions entered into by the Company, other than those in the ordinary course of business, which are material with respect to the Company; and (iii) there has been no dividend or distribution of any kind declared, paid or made by the Company on any class of its shares.

• Such delivery of the Final Offering Documents shall be effected as soon as possible after filing of the Prospectus Supplement with the Canadian Securities Regulators but, in any event at or before 9:00 a.m. (Toronto time), or such other time as is approved by the Underwriters, acting reasonably, on the Business Day immediately following the date on which the Prospectus Supplement is filed, or such other date as is approved by the Underwriters.

• Such deliveries shall constitute the consent of the Company to the Underwriters’ use of the Final Offering Documents for the distribution of the Securities in compliance with the provisions of this Agreement and the Canadian Securities Laws and United States Securities Laws.

• The Company has a reasonable basis for disclosing any forward-looking information contained in the Final Offering Documents and is not, as of the date hereof, required to update any such forward looking information pursuant to NI 51-102, and such forward looking information contained in the Final Offering Documents reflects the best currently available estimates and good faith judgments of the management of the Company, as the case may be, as to the matters covered thereby.

More Definitions of Final Offering Documents

Final Offering Documents has the meaning given above;

Final Offering Documents means the Final Prospectus and the Final 144A Offering Memorandum;

Final Offering Documents means the Prospectus and the U.S. Offering Memorandum;

Final Offering Documents means the Prospectus and the Marketing Documents;

Final Offering Documents is defined as used in Recital (M).

Final Offering Documents means, a final offering memorandum in customary form for a “Rule 144A” high yield transaction or a final prospectus by an issuer pursuant to a registration statement on applicable form, in each case, with all information required by law or customary and reasonably believed by the Lead Arranger to be necessary (without undue expense or burden) for marketing the Exchange Notes, including without limitation, all information as would be necessary for the Lead Arranger to receive customary “comfort” (including “negative assurance” comfort) from the Borrower’s independent public accounting firms in connection with the Exchange Notes.

Final Offering Documents means, together, the Final Prospectus and the Final Reg D Private Placement Memorandum;