Preferred Shareholder Resolution definition
Examples of Preferred Shareholder Resolution in a sentence
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.
The fair value of the KML Preferred Shares shall be determined as at the close of business on the last Business Day before the day on which the Preferred Shareholder Resolution is approved by the KML Preferred Shareholders.
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 the foregoing, Husky shall not submit the Preferred Shareholder Resolution to the Husky Preferred Shareholders at the Husky Meeting if so directed by Cenovus, in its sole discretion, in writing prior to the commencement of the Husky Meeting.
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).