Examples of Preferred Shareholder Resolution in a sentence
Closing of the Arrangement is not conditional on the approval of the Veresen Preferred Shareholder Resolution; however the exchange of Veresen Preferred Shares has been assumed in the pro forma information.
The Purchaser shall, immediately prior to the sending by the Company of the Articles of Arrangement to the Director provide the Depositary with sufficient funds to be held in escrow (the terms and conditions of such escrow to be satisfactory to the Company and the Purchaser, each acting reasonably) to satisfy: (i) the aggregate Consideration per Common Share as provided in the Plan of Arrangement; and (ii) if the Preferred Shareholder Resolution is passed, the aggregate Consideration per Preferred Share.
For such exchange to occur at closing of the Arrangement, the Preferred Shareholder Resolution must be approved by at least 662/3% of the votes cast by Veresen Preferred Shareholders, voting as one class, present in person or represented by proxy at the Preferred Shareholder Meeting.
The following Schedules annexed to this Agreement, being: Schedule A Plan of Arrangement Schedule B Form of Arrangement Resolution Schedule C Form of Preferred Shareholder Resolution Schedule D Representations and Warranties of Pembina Schedule E Representations and Warranties of KML are incorporated by reference into this Agreement and form a part hereof.
Notwithstanding anything to the contrary contained herein, if the Preferred Shareholder Resolution is not approved by the Preferred Shareholders in accordance with the Interim Order prior to the Final Order being obtained, the Plan of Arrangement shall be amended to exclude the Preferred Shares from the Plan of Arrangement along with matters ancillary thereto (including, for greater certainty, the Dissent Rights in favour of the Preferred Shareholders).