New Fording definition

New Fording means the corporation resulting from the amalgamation of FCL Amalco and Subco which forms part of this Plan of Arrangement;

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New Fording means the successor corporation following the commencement of the winding-up of FCL into Fording, the commencement of the winding-up of Fording into Subco and the renaming of Subco as “Fording Inc.”, all of which will occur as part of the Plan of Arrangement;

New Fording means Fording Inc., the successor corporation to FCL, Fording and Subco following the commencement of the winding-up of FCL into Fording, the commencement of the winding-up of Fording into Subco and the renaming of Subco as “Fording Inc.”, all of which will occur as part of the Plan of Arrangement;

Examples of New Fording in a sentence

• The Luscar Entities shall elect to assign the benefit of their British Columbia mining tax pools related to the Luscar Contributed Assets to New Fording.

• This Agreement, the Declaration of Trust and the articles of incorporation and by-laws of New Fording constitute the entire agreement between the Parties and set out all of the covenants, promises, warranties, representations, conditions, understandings and agreements between the Parties pertaining to the subject matter of this Agreement and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written.

• After the Proceeds Date, the certificates formerly representing Common Shares will not represent any interest in the Fund, New Fording, Fording or otherwise and shall be deemed to be cancelled, null and void.

• The Parties acknowledge and agree that an award of money damages would be inadequate for any breach by Sherritt of Section 3.3, if applicable, if Sherritt chooses to vote its Units in respect of the election of Trustees or the approval of Directors and any such breach would cause the Trust, New Fording or a party to another Governance Agreement irreparable harm.

• The Partnership will provide the proposed basis for the allocation of overhead to New Fording prior to May 31, 2003.

• Such indemnity payments shall be reimbursed to Sherritt to the extent that costs and expenses are recovered by the Trust or New Fording from the party against whom such action is taken.

• Sherritt shall pay to the Trust or New Fording as applicable, and indemnify the Trust and New Fording, as applicable, against all of the reasonable legal fees, costs and expenses on a full cost recovery basis incurred by either of them in connection with all actions against Sherritt in connection with the enforcement by either the Trust or New Fording of any of their respective rights or benefits conferred pursuant to or derived from this Agreement.

• If a Transferred Employee or Excluded Employee resigns his or her employment with, or otherwise ceases to be employed by New Fording and so notifies the Partnership or New Fording of such resignation or other change in the Transferred Employee or Excluded Employee's employment, the Party (being either the Partnership or New Fording) notified of the resignation or other change in employment shall forthwith advise the other Parties in writing.

• Fees plus all applicable Taxes shall be paid by the Partnership, as paying agent for New Fording, through a draw-down on a Partnership bank account or an electronic transfer of funds from the Partnership account to third party payees.

• The initial Chairman and CEO of New Fording will be M▇▇▇▇▇▇ ▇▇▇▇▇▇▇.

More Definitions of New Fording

New Fording means the corporation resulting from the amalgamation of Fording, FCL Amalco (which results from the amalgamation of FCL and a subsidiary of Fording) and Subco, which will occur as part of the Amended Arrangement;

New Fording means the corporation resulting from the amalgamation of Fording, FCL Amalco and Subco, which will occur as part of the Amended Arrangement;

New Fording means Fording Inc., the successor, by winding up, to Old FCL and Old Fording. New Fording was originally named 4123212 Canada Ltd. following its continuance under the CBCA but changed its name to “Fording Inc.” as part of the Arrangement.