Examples of Peak Common Shares in a sentence
No dividend or other distribution declared or made after the Effective Time with respect to New Gold Common 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 Peak Common Shares unless and until the holder of such certificate shall have complied with the provisions of Section 5.01 or Section 5.02 hereof.
The Peak Common Shares and Peak Warrants are listed on the TSX-V.
As of the date hereof, the Board, after consultation with its financial and legal advisors, has determined unanimously that the Arrangement is fair to the Peak Shareholders and is in the best interests of Peak and has resolved unanimously to recommend to the Peak Shareholders that they vote their Peak Common Shares in favour of the Arrangement.
New Gold agrees to make joint elections with Eligible Holders in respect of the disposition of their Peak Common Shares and Metallica Common Shares pursuant to Section 85 of the Tax Act (or any similar provision of any provincial tax legislation) in accordance with the procedures and within the time limits set out in the BC Plan of Arrangement and the CBCA Plan of Arrangement.
The issuance of New Gold Common Shares, options, warrants and other securities to the holders of the Peak Common Shares and Metallica Common Shares, or any Peak or Metallica options, warrants and other securities, respectively, pursuant to the Arrangements shall be exempt from the registration requirements of the 1933 Act pursuant to Section 3(a)(10) thereof, and in compliance with all applicable U.S. state securities laws.
Holders of no more than 10% of the outstanding Peak Common Shares or Metallica Common Shares shall have dissented to the BC Arrangement or the CBCA Arrangement, as the case may be.
The only approval of the holders of any class or series of the Peak Common Shares, Peak Options or other securities of Peak necessary to approve the BC Arrangement and the transactions contemplated hereof or thereby is, subject to the BC Interim Order, the Peak Shareholder Approval.
New Gold shall use commercially reasonable efforts to ensure that the Peak Common Shares remain listed on the TSX-V until completion of the amalgamation of Peak and BC Subco pursuant to the BC Arrangement.
The New Gold Common Shares to be issued to holders of Peak Common Shares in connection with the BC Arrangement and in connection with the exercise of Peak Options and Peak Warrants shall have been approved for listing on the TSX and the AMEX subject to official notice of issuance and other normal conditions and the existing Peak Warrants shall remain listed on the TSX-V.
Parent and Peak will use their commercially reasonable efforts to cause the Peak Common Shares to be de-listed from the TSX promptly following the Effective Time.