New CVRs definition
Examples of New CVRs in a sentence
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.
Some individual, who need not be a New CVRs Holder, nominated in writing by the Company shall be chairperson of the meeting and if no individual is so nominated, or if the individual so nominated is not present within 15 minutes from the time fixed for the holding of the meeting, a majority of the New CVRs Holders present in person or by proxy shall choose some individual present to be chairperson.
Subject to the foregoing, the Custodian and Depositary shall have the right to treat the person whose name appears on the Register as the beneficial owner of the applicable Interest in the New CVRs. The parties shall be entitled to rely on the Register to determine the allocation of the Interest in the New CVRs and agree that in the event of a discrepancy between the Register and a Receipt, the Register shall prevail.
The Custodian and Depositary hereby waives and releases any such interest that it may come to have in the New CVRs.
Upon receipt of a Termination Direction, the Custodian and Depositary will cooperate with the Company and the New CVRs Holders to complete all necessary documentation to effect a transfer of the legal and registered title of each Global Certificate to the transferee referenced in the Termination Direction.
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 chairperson of any meeting at which a quorum of the New CVRs Holders is present may, with the consent of the Requisite Holders, adjourn any such meeting and no notice of such adjournment need be given except such notice, if any, as the meeting may prescribe.
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.
All actions which may be taken and all powers that may be exercised by the New CVRs Holders at a meeting held as hereinbefore in this Article 9 provided may also be taken and exercised by the New CVRs Holders, by an instrument signed in writing in one or more counterparts by Requisite Holders, and the expression “Extraordinary Resolution” when used in this Agreement shall include an instrument so signed.
Save as such regulations may provide, the only persons who shall be recognized at any meeting as the holders of any New CVRs, or as entitled to vote or be present at the meeting in respect thereof, shall be New CVRs Holders and persons whom New CVRs Holders have by instrument in writing duly appointed as their proxies.