Examples of Sulliden Shares in a sentence
Nothing in this Plan of Arrangement or the transactions contemplated hereby shall affect, reduce or derogate from the rights of Continuance Dissenting Shareholders to be paid fair value by Sulliden (or Amalco as its successor) for their Sulliden Shares under section 378 of the QBCA.
The Depositary will forward to each former registered Sulliden Shareholder, at the address of such former Sulliden Shareholder as it appears on the former register for the Sulliden Shares, a Letter of Transmittal and instructions for obtaining delivery of the certificates or other evidence of ownership representing the Rio Alto Shares and the SpinCo shares that will be transferred to such former Sulliden Shareholder pursuant to the Arrangement.
Any such certificate formerly representing Sulliden Shares not duly surrendered on or before the sixth anniversary of the Effective Date shall cease to represent a claim by or interest of any former Sulliden Shareholder of any kind or nature against or in Sulliden, Rio Alto or SpinCo; and on such sixth anniversary, all Rio Alto Shares, SpinCo Shares and cash to which such former Sulliden Shareholder was entitled shall be deemed to have been surrendered to Rio Alto or SpinCo, as applicable.
In addition to any other restrictions under the OBCA or the QBCA, as the case may be, none of the following shall be entitled to exercise Dissent Rights: (i) Sulliden Optionholders, (ii) Sulliden Warrantholders, and (iii) Sulliden Shareholders who vote or have instructed a proxyholder to vote such Sulliden Shares in favour of the Contunuance Resolution or Arrangement Resolution, as the case may be (but only in respect of such Sulliden Shares).
As described under the heading “Acquisition of Sulliden Shares Not Deposited – Compulsory Acquisition” in Section 9 of the Circular, Century may, in certain circumstances, acquire Sulliden Shares pursuant to Section 51 of the QCA.
As described under Section 17 of this Circular, “Effect of the Offer on the Market for and Listing of Sulliden Shares”, Sulliden Shares may be delisted from the TSX.
If the Sulliden Shares are not listed on a prescribed stock exchange at the time of disposition by a Non-Resident Holder, Sulliden Shares will be taxable Canadian property to the Non-Resident Holder and the Non-Resident Holder may be subject to tax under the Tax Act in respect of any capital gain realized on such disposition, subject to relief under an applicable tax treaty.
If Sulliden Shares are taxable Canadian property the notification and withholding provisions of section 116 of the Tax Act will apply to a Non-Resident Holder in which case Century may be required to withhold an amount from any payment to the Non-Resident Holder pursuant to the Tax Act.
Except as otherwise provided in this Section 9, all deposits of Sulliden Shares to the Offer will be irrevocable.
If Sulliden is not classified as a PFIC for any taxable year during which a U.S. Holder held Sulliden Shares, any gain or loss recognized by such U.S. Holder in the exchange of Sulliden Shares for Century Shares will generally be capital gain or loss, and will be long-term capital gain or loss if such U.S. Holder’s holding period in its Sulliden Shares exceeds one year as of the date of the Acquisition.