Examples of FT Purchasers in a sentence
For certainty, the foregoing indemnity shall have no force or effect and the FT Purchasers shall not have any recourse or rights of action to the extent that such indemnity would otherwise cause the FT Unit Shares or the FT Unit Warrants to be “prescribed shares” or “prescribed rights” within the meaning of section 6202.1 of the regulations to the Tax Act.
This indemnity is in addition to and not in derogation of any other recourse, rights or remedies the FT Purchasers may have against the Company.
The Company is and will continue to be a Principal Business Corporation until such time as all of the Qualifying Expenditures required to be renounced under this Agreement and the FT Unit Subscription Agreements have been incurred or have been deemed to be incurred and validly renounced to FT Purchasers pursuant to the Tax Act.
The expenses to be renounced by the Company to the FT Purchasers will constitute Qualifying Expenditures on the effective date of the renunciation and on the date incurred.
The Company shall enter into all necessary agreements (including internal back-to-back agreements if required) to retain all such books and records as may be required to support the renunciation of Qualifying Expenditures contemplated by this Agreement and the FT Subscription Agreements and, upon reasonable notice, shall make such books and records available for inspection and audit by or on behalf of the FT Purchasers, at the FT Purchaser’s sole expense.
The Company shall file with the CRA, within the time prescribed by subsection 66(12.68) of the Tax Act, the forms prescribed for the purposes of such legislation together with a copy of the FT Unit Subscription Agreements or any “selling instrument” contemplated by such legislation and shall forthwith following such filing provide to the FT Purchasers a copy of such form certified by an officer of the Company.
This indemnity is in addition to and not in derogation of any other recourse or rights of action the FT Purchasers may have against the Company.
If the Company amalgamates with any one or more companies, any shares issued to or held by the FT Purchasers as a replacement for the FT Unit Shares comprising the FT Units as a result of such amalgamation will qualify, by virtue of subsection 87(4.4) of the Tax Act as “flow- through shares” as defined in subsection 66(15) of the Tax Act, and in particular will not be “prescribed shares” as defined in section 6202.1 of the regulations to the Tax Act.
The Company has no reason to believe that it will be unable to incur (or be deemed to incur), on or after the Closing Date and on or before the Termination Date or that it will be unable to renounce to the FT Purchasers, effective on or before December 31, 2020, Qualifying Expenditures in an amount equal to the Commitment Amount and the Company has no reason to expect any reduction of such amounts by virtue of subsection 66(12.73) of the Tax Act.
The Company shall deliver to the FT Purchasers, before March 1, 2021, the relevant Prescribed Forms (including form T101), fully completed and executed, renouncing to the FT Purchasers, Qualifying Expenditures in an amount equal to the Commitment Amount with an effective date of no later than December 31, 2020, and such delivery shall constitute the authorization of the Company to the FT Purchasers to file such Prescribed Forms with the relevant taxation authorities.