Examples of Western Common Shares in a sentence
No dividend or other distribution declared or made after the Effective Time with respect to New Gold Common Shares with a record date after the Effective Time shall be delivered to the holder of any unsurrendered certificate that, immediately prior to the Effective Time, represented outstanding Western Common Shares or shares of Qualifying Holdco unless and until the holder of such certificate shall have complied with the provisions of Section 5.01 or Section 5.02 hereof.
Registered Western Shareholders entitled to vote at the Western Meeting may exercise Dissent Rights with respect to their Western Common Shares in connection with the Arrangement pursuant to and in the manner set forth in the Plan of Arrangement.
As of the date hereof, there are issued and outstanding 161,876,552 Western Common Shares and no other shares are issued and outstanding.
All outstanding Western Common Shares have been duly authorized and validly issued, are fully paid and non-assessable and are not subject to, nor were they issued in violation of, any pre-emptive rights and all Western Common Shares issuable upon the exercise of Western Options in accordance with the terms of such options will be duly authorized and validly issued as fully paid and non-assessable and will not be subject to any pre-emptive rights.
As of the date hereof, the authorized capital of Western consists of an unlimited number of Western Common Shares, an unlimited number of Non-voting Convertible Class B Equity Shares, an unlimited number of Class C Preferred Shares and an unlimited number of Class D Preferred Shares, issuable in series.
Subject to the Interim Order, the Western Shareholder Approval is the only vote of the holders of any class or series of the Western Common Shares, Western Options or other Convertible Securities of Western necessary to approve this Agreement and the Arrangement.
New Gold agrees to make joint elections with Eligible Holders in respect of the disposition of their Western Common Shares or shares of a Qualifying Holdco pursuant to Section 85 of the Tax Act (or any similar provision of any provincial tax legislation) in accordance with the procedures and within the time limits set out in the Plan of Arrangement.
The New Gold Common Shares to be issued: (i) to holders of Western Common Shares or Qualified Holdco Shareholders in connection with the Arrangement and (ii) upon the exercise of any New Gold Warrants issued in connection with the Arrangement shall have been approved for listing on the TSX and the NYSE Alternext, subject to official notice of issuance and other normal conditions.
New Gold shall use commercially reasonable best efforts to cause the New Gold Common Shares to be issued to holders of Western Common Shares or Qualifying Holdco Shareholders or upon exercise of Western Options or Western Warrants in connection with the Arrangement to be listed on the TSX and the NYSE Alternext.
In addition, so long as Atrix is Manufacturing such Product for Geneva and with respect to all of such Product Manufactured by Atrix, the obligations of Geneva to Atrix under this Agreement, including the payment of the Atrix Profit Share, shall continue in full force and effect.