Examples of Kirkland Shares in a sentence
No dividend or other distribution declared or made after the Effective Time with respect to Agnico Shares with a record date after the Effective Time shall be delivered to the holder of any unsurrendered certificate that, immediately prior to the Effective Time, represented outstanding Kirkland Shares unless and until the holder of such certificate shall have complied with the provisions of Section 5.1 or Section 5.2, as applicable.
If, prior to the Effective Time, any certificate(s) that immediately prior to the Effective Time represented one or more outstanding Kirkland Shares has been lost, stolen or destroyed, you are instructed to contact the transfer agent and registrar for the Kirkland Shares to obtain a replacement certificate representing such shares.
Agnico has sufficient funds available to pay the Termination Amount and to fund the cash payable in respect of any fractional Agnico Shares otherwise issuable to holders of Kirkland Shares pursuant to the Arrangement.
Under no circumstances shall interest accrue or be paid by Agnico, Kirkland, the Depositary or any other Person to Persons depositing certificates or DRS Advices pursuant to this Plan of Arrangement in respect of Kirkland Shares, or former holders of Kirkland Equity Awards, regardless of any delay in making any payment contemplated hereunder.
The method used to deliver this Letter of Transmittal and any accompanying certificate(s) or DRS statement(s) representing Kirkland Shares and all other required documents is at the option and risk of the Kirkland Shareholder, and delivery will be deemed effective only when such documents are actually received by the Depositary.
Pursuant to the terms of the Arrangement, holders of Kirkland Shares (the “Kirkland Shareholders”) received 0.7935 of an Agnico common share (each whole common share, an “Agnico Share”) for each Kirkland Share held.
If the Arrangement does not proceed for any reason, any certificate(s) or DRS Advice(s) representing Kirkland Shares received by the Depositary will be returned to you forthwith in accordance with the delivery instructions given pursuant to Box A, Box B or Box C, as applicable, or failing such address being specified, to the undersigned at the last address of the undersigned as it appears on the securities register of Kirkland.
Pursuant to the Arrangement, Agnico Eagle acquired all of the issued and outstanding shares of Kirkland (including Kirkland CHESS Depositary Interests ("Kirkland CDIs")) (collectively, the "Kirkland Shares") and, in consideration therefor, former holders ("Kirkland Shareholders") of Kirkland Shares received 0.7935 of a common share of Agnico Eagle (each whole share, an "Agnico Share") for each Kirkland Share held immediately prior to the effective time of the Arrangement.
If a certificate or DRS Advice representing Kirkland Shares has been lost, stolen or destroyed, this Letter of Transmittal should be completed as fully as possible and forwarded, together with a letter describing the loss and providing your telephone number, to the Depositary at its office specified in this Letter of Transmittal.
However, counsel for the appellant when challenged on this could not show us from the record where this part of the appellant’s claim was withdrawn.