FIRB Approval definition

FIRB Approval has the meaning given in paragraph 29.3(b)(1).

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FIRB Approval means either: (i) a notice in writing has been issued by, or on behalf of, the Australian Treasurer to the effect that the Commonwealth of Australia does not object to the transactions contemplated by this Agreement either unconditionally, or on terms that are acceptable to Parent and Merger Sub (acting reasonably) or (ii) the Australian Treasurer has become precluded from making an order under the FATA in relation to the transactions contemplated by this Agreement.

FIRB Approval means that, on or before the Effective Date, any of the following has occurred: (a) written notification by the Treasurer or his or her delegate under the FATA that the Commonwealth Government of Australia has no objection under the Australian Federal Government's foreign investment policy (if applicable) or under the FATA to Agnico acquiring all the Kirkland Shares under the Arrangement; (b) the Treasurer ceases to be entitled to make an order under Division 2 of Part 3 of the FATA in respect of the acquisition by Agnico of all of the Kirkland Shares in accordance with the Arrangement; or (c) the FATA or its associated regulations have been amended so that the acquisition by Agnico of all of the Kirkland Shares ceases to be a "significant action", a "notifiable action" or a "notifiable national security action" as defined in such Law.

Examples of FIRB Approval in a sentence

FIRB Application A completed application in accordance with section 81 of the Foreign Acquisitions and Takeovers Act 1975 (Cth) by you for the FIRB Approval in the form required by FIRB and/or any relevant law or policy in respect of the transactions contemplated by this Contract.
Subject to this clause 3, the Scheme will not become Effective until each of the conditions listed in the first column of the following table are either satisfied or waived in accordance with clause 3.5: (a) (FIRB Approval) before 5.00 pm on the Business Day before the Second Court Date, the Treasurer has either: (i) provided written notice that there is no objection under the Foreign Acquisition and Takeovers Act 1975 (Cth) to the Scheme, being either unconditional or subject only to: A.
FIRB Approval Date 5.00pm on the date 45 days after the Contract Date.
From and after the first anniversary of the First Closing Date, on or prior to each Dividend Payment Date, for each Dividend Period, the Board (i) shall declare a cash dividend in an amount equal to 50% of the Preferred Dividend for such Dividend Period and (ii) may declare a cash dividend in an amount equal to an additional 12.5% of the Preferred Dividend for 11 To be deleted prior to filing in the event that the Requisite Stockholder Approval is received prior to the FIRB Approval.
Each party must pay its own costs and outlays connected with the negotiation, preparation and execution of this Agreement, provided that the Buyer must pay all costs and expenses associated with obtaining any FIRB Approval (excluding application fees and any legal or other professional advisor costs incurred by the Sellers in reviewing or providing input on the FIRB application).

More Definitions of FIRB Approval

FIRB Approval means that, on or before the Effective Date, any of the following has occurred: (a) written notification by the Treasurer of the Commonwealth of Australia or his or her delegate under the Foreign Acquisitions and Takeovers A▇▇ ▇▇▇▇ (Cth) that the Commonwealth Government of Australia has no objection under the Australian Federal Government’s foreign investment policy (if applicable) or under the Foreign Acquisitions and Takeovers A▇▇ ▇▇▇▇ (Cth) to Agnico acquiring all the K▇▇▇▇▇▇▇ Shares under the Arrangement; (b) the Treasurer of the Commonwealth of Australia ceases to be entitled to make an order under Division 2 of Part 3 of the Foreign Acquisitions and Takeovers A▇▇ ▇▇▇▇ (Cth) in respect of the acquisition by Agnico of all of the K▇▇▇▇▇▇▇ Shares in accordance with the Arrangement; or (c) the Foreign Acquisitions and Takeovers A▇▇ ▇▇▇▇ (Cth) or its associated regulations have been amended so that the acquisition by Agnico of all of the K▇▇▇▇▇▇▇ Shares ceases to be a “significant action”, a “notifiable action” or a “notifiable national security action” as defined in such Law.

FIRB Approval means the unconditional approval pursuant to FATA of the Treasurer to the Proposal or the approval of the Treasurer

FIRB Approval means the Treasurer (or his delegate): (i) provides written notice that there are no objections under FATA to (or issues an exemption certificate under the FATA which is applicable to) the acquisition of the Karora Shares by Westgold under the Arrangement Agreement or the Arrangement, and if any conditions are imposed by the Treasurer (or his delegate) to such non-objection or exemption certificate, they are: (A) tax-related conditions which are in the form, or substantially in the form of those set out under the heading 'Standard tax conditions' in Section D of FIRB's Guidance Note 12 on 'Tax Conditions' (in the form last updated on 10 August 2023); or (B) such other conditions as are acceptable to the Buyer acting reasonably; or (ii) provides written confirmation that the acquisition of the Karora Shares by Westgold under the Arrangement Agreement or the Arrangement does not require notification under the FATA, is not subject to the FATA or can proceed without the issuance of a no objection notice under the FATA; or (iii) (following notice of the acquisition of the Karora Shares by Westgold under the Arrangement Agreement or the Arrangement having been given under the FATA) becomes precluded by passage of time from making any order or decision under Division 2 of Part 3 of the FATA in respect of the acquisition of the Karora Shares by Westgold under the Arrangement Agreement or the Arrangement, whichever first occurs;

FIRB Approval means the condition specific in clause 3.1(a).

FIRB Approval means either: (a) Eldorado has received a written notice under the FATA, by or on behalf of the Treasurer of the Commonwealth of Australia stating that the Commonwealth Government does not object to the transactions contemplated by this Agreement; or (b) the Treasurer of the Commonwealth of Australia becomes precluded from making an order in relation to the subject matter of this Agreement and the transactions contemplated by it under the FATA;

FIRB Approval means the Treasurer of the Commonwealth of Australia (or its delegate, if applicable): (i) ceases to be empowered to make an order or decision under the FATA (other than under Division 3 of Part 3 of FATA) in relation to the arrangements contemplated by this Agreement (including, without limitation, due to the expiry of the applicable statutory time limit on making orders and decisions under the FATA); (ii) gives written advice of a decision or decisions by or on behalf of the Treasurer stating that there is no objection to the Transactions contemplated by this Agreement, either unconditionally or on the basis of conditions which are acceptable to the Purchaser (provided that the Purchaser will be deemed to have accepted any tax conditions contained in Part D of Guidance Note 12 (in effect at the date of this Agreement) under the heading “‘Standard’ tax conditions”); or (iii) provides confirmation in writing that the arrangements contemplated by this agreement are not a ‘significant action’, ‘notifiable action’ or a ‘notifiable national security action’ under the FATA or are otherwise exempt from the requirements of the FATA.

FIRB Approval means: