Examples of Penalty Shares in a sentence
Unless the context otherwise requires, all references herein to the “Offering”, “Units”, “Underlying Shares”, “Underlying Warrants” and “Warrant Shares” shall include any Penalty Shares and Penalty Warrants that may be issued in connection with the Penalty Provision.
Unless the context otherwise requires, all references herein to the “Offering”, “Units”, “Unit Shares”, “Warrants” and “Warrant Shares” shall include any Penalty Shares, Penalty Warrants and Penalty Warrants Shares that may be issued in connection with the Penalty Provision.
Except as otherwise expressly provided in this Agreement, the covenants, representations, warranties and other provisions of this Agreement (other than the conditions in Section 7.1 and Section 7.2) will not merge on Closing but will survive (i) the execution, delivery and performance of this Agreement and any related transfer or conveyance documents, (ii) the Closing, (iii) the issuance of the First Tranche Shares, and (iv) if applicable, the issuance of the Second Tranche Shares or Penalty Shares.
To the extent that Portex is required to issue Common Shares to satisfy the Second Instalment or Penalty Shares, as applicable, in excess of 7,700,000 Common Shares (or such other amount as determined by the TSXV), it shall, in lieu of issuing that number of excess Common Shares, satisfy such obligation by payment of the NSR Value Amount in accordance with Article III.
This Prospectus also qualifies the distribution of up to 3,784,932 Penalty Shares and up to 3,784,932 Penalty Warrants issuable pursuant to the Penalty Provision, if applicable, for an aggregate of up to 41,634,257 Underlying Shares and up to 41,634,257 Underlying Warrants.