Second Superior Proposal Notice shall have the meaning ascribed to such term in Section 9.2(b).
Second Superior Proposal Notice shall have the meaning ascribed thereto in Section 7.02(b); (hhh) "Section 3(a)(10) Exemption" means the exemption from the registration requirements of the 1933 Act pursuant to Section 3(a)(10) thereof; (iii) "Securities Act" means the Securities Act (Ontario); (jjj) "SEDAR" means the System for Electronic Document Analysis and Retrieval; (kkk) "Subscription Receipt Agreement" means the subscription receipt agreement, to be entered into and dated as of the Effective Date, among XxXxxx Mining and the holders of Excess Controlled Lexam VG Gold Shares, governing the terms and conditions o... (lll) "Subscription Receipts" means the subscription receipts to be created and issued, pursuant to the terms of the Subscription Receipt Agreement, by XxXxxx Mining to former holders of Controlled Lexam VG Shares in connection with the Arrangement, i... (mmm) "Subsidiary" means, at any time with respect to any Person, any other Person, if at such time the first mentioned Person: (i) owns, directly or indirectly, securities or other ownership interests in such other Person, having ordinary voting xxxx... (nnn) "Superior Proposal" means a bona fide written Acquisition Proposal made by a third party (other than XxXxxx Mining or a XxXxxx Mining Subsidiary), subsequent to the date hereof but before the time the Arrangement Resolution is approved at the Le... (ooo) "Tax" and "Taxes" means all federal, state, local, provincial, branch or other taxes, including income, gross receipts, windfall profits, value added, ad valorem, property, capital, net worth, production, sales, use, licence, excise, franchise, ... (ppp) "Tax Act" means the Income Tax Act (Canada); (qqq) "Third Party Confidentiality Agreement" shall have the meaning ascribed to such term in Subsection 7.01(f); (rrr) "Transaction Personal Information" shall have the meaning ascribed thereto in Section 9.01; (sss) "TSX" means the Toronto Stock Exchange; (ttt) "U.S. GAAP" means accounting principles generally accepted in the United States of America, as updated and amended from time to time; and (uuu) "U.S. Securities Administrators" means, collectively, the SEC and any state securities commission or similar regulatory authority of any state of the United States.
Second Superior Proposal Notice shall have the meaning ascribed to such term in Section 9.2(b). “Section 3(a)(10) Exemption” means the exemption from the registration requirements of the 1933 Act pursuant to Section 3(a)(10) thereof.