New Fording definition
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.
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.
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.
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.
The Partnership will provide the proposed basis for the allocation of overhead to New Fording prior to May 31, 2003.
Subco and New Fording will borrow an amount under its new credit facilities, which together with other funds payable to Fording hereunder, will enable it to satisfy the Cash Option, and to pay the Special Distribution, the expenses referred to in Section 2.3(p), its expenses, to refinance its existing indebtedness and fulfill its other obligations hereunder.
The disclosure provided under the heading “Subsequent Events — The Arrangement” describes the Arrangement and its effect on the business and operations of the Trust, New Fording and the Partnership and their respective subsidiaries (collectively, the “Fording Group”).
New Fording will pay such invoices within 30 days of receipt thereof by New Fording, NYCO Minerals, Inc., Minera NYCO S.A. de C.V. or American Tripoli Inc., as the case may be.