Examples of New CVRs in a sentence
Any new custodian and depositary so appointed by the Company or by the Court will be subject to removal as aforesaid by the Committee, the New CVRs Holders and by the Company.
Notwithstanding any other provisions of this Agreement, the Custodian and Depositary shall not at any time exercise or seek to enforce any claim, right or remedy, including any statutory or common law rights of set-off, if any, that the Custodian and Depositary might otherwise have against all or any part of New CVRs in its capacity as Custodian and Depositary under this Agreement.
The Custodian and Depositary shall receive all amounts payable by the Company to it as the holder of (i) the Global Certificate(s) (including “Obligations” (as such term is defined in the Global Certificate(s)) and (ii) the CVRs Documentation, in each case as Custodian and Depositary and for the benefit of all New CVRs Holders and shall notify the Committee of the receipt of any such payment within two Business Days of receipt thereof.
Further, each party agrees that it shall not provide or cause to be provided to the Custodian and Depositary or Committee any personal information relating to an individual who is not, or will not become, a New CVRs Holder unless that party has assured itself that such individual understands and has consented to the aforementioned terms, uses and disclosures.
At least 21 days’ notice of any meeting shall be given to the New CVRs Holders in the manner provided in Error! Reference source not found.
A New CVRs Holder may be present and vote at any meeting of New CVRs Holders in person or by an authorized representative as a proxy holder who need not be a New CVRs Holder.
Failing such appointment by the Company, the retiring Custodian and Depositary or any New CVRs Holder may apply at the expense of the Company (not to exceed CAD$5,000) to the Ontario Superior Court of Justice (the “Court”), on such notice as the Court directs, for the appointment of a new custodian and depositary.
The Custodian and Depositary shall remit, by cheque, any funds it receives from the New CVRs Holders in respect of such an indemnity claim within ninety (90) days of receiving the initial written request from Trexs.
Notwithstanding any other provision herein, the Custodian and Depositary shall distribute by certified cheque or wire transfer to the New CVRs Holders the funds it receives pursuant to Section 10.1; and each New CVRs Holder is to receive its pro rata interest in such amount based on its Interest in the New CVRs as reflected in the Register net of any out-of-pocket fees and expenses incurred by the Custodian and Depositary to distribute such amount.
The Company may, at any time and from time to time, and the Company shall, on receipt of a written request signed by the Requisite Holders, and upon receiving funding and being indemnified to its reasonable satisfaction by the New CVRs Holders signing such request against the costs which may be incurred in connection with the calling and holding of such meeting, convene a meeting of the New CVRs Holders.