Tundra Shares definition
Examples of Tundra Shares in a sentence
As of the date hereof, there were 19,326,053 Tundra Shares issued and outstanding.
Section 3 of the Tundra Disclosure Letter sets forth, as of April 30, 2009, the number of outstanding Tundra Options, the outstanding Tundra RSUs, all holders thereof and the exercise price or reference price or grant value, as applicable, and vested amounts, where applicable, of such Tundra Options and Tundra RSUs, and the number of Tundra Shares remaining reserved for issuance under the Tundra Plans other than required by such outstanding Tundra Options.
All of the directors of Tundra have advised Tundra that they intend to vote or cause to be voted all Tundra Shares beneficially held by them in favour of the Arrangement Resolution and Tundra shall make a statement to that effect in the Tundra Circular.
This Plan of Arrangement and the Arrangement, upon the filing of the Articles of Arrangement and the issuance of the Certificate of Arrangement, will become effective, and be binding on Parent, Parent SubCo, Tundra, all holders and beneficial owners of the Tundra Shares (including those described in Section 4.1), and all holders of Tundra Options and Tundra RSUs, at and after the Effective Time without any further act or formality required on the part of any person, except as expressly provided herein.
All securities of Tundra (including the Tundra Shares and the Tundra Options and all other options, rights or other convertible or exchangeable securities) have been issued in compliance with all applicable Securities Laws and the rules and regulations of the TSX.
The authorized share capital of Tundra consists of an unlimited number of Tundra Shares.
To the knowledge of Parent, neither Parent nor any of its subsidiaries nor any “joint actor” (within the meaning of MI 61-101) therewith owns or exercises control or direction over any Tundra Shares.
In the event that any certificate which immediately prior to the Effective Time represented one or more outstanding Tundra Shares that were transferred pursuant to Section 3.1(4) shall have been lost, stolen or destroyed, upon the making of an affidavit of that fact by the person claiming such certificate to be lost, stolen or destroyed, the Depositary will deliver in exchange for such lost, stolen or destroyed certificate, cash deliverable in accordance with such holder’s Letter of Transmittal.
Tundra does not have in place, and the Tundra Shareholders have not adopted or approved, any shareholder rights plan or a similar plan giving rights to acquire additional Tundra Shares upon execution or performance of the obligations under this Agreement.
The Tundra Shares are held of record (within the meaning of Rule 12g5-1 under the ▇▇▇▇ ▇▇▇) by fewer than 500 persons; or the Tundra Shares are held by fewer than 300 holders resident in the United States (calculated as required by Rule 12g3-2(a)); or Tundra has complied with the requirements of Rule 12g3-2(b) under the 1934 Act.