Change in Material Fact. In the event that prior to the Time of Closing on the Closing Date, the Agents and/or the Agents’ representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of BMO, has or could be expected to be Material Adverse, or materially adversely affects the market price or value of the Common Shares, the Agents shall be entitled, at their sole option, in accordance with Section 12.H, to terminate the obligations of the Agents under this agreement (and the obligations of the Purchasers under the Subscription Agreements) by written notice to that effect given to the Company prior to the Time of Closing on the Closing Date.
Change in Material Fact. In the event that prior to the Closing Time there should occur any material change, there should be discovered any previously undisclosed material fact, or there should occur a change in any material fact such as is contemplated by subparagraph 7(a), which results or, in the reasonable opinion of the Underwriter, could reasonably be expected to result, in the Purchasers of a material number of Special Warrants exercising their contractual right of rescission granted to the Purchasers in respect of the Special Warrants or the rights of rescission or damages under section 130 of the Securities Act (Ontario) or the corresponding provisions of applicable securities legislation in the other Qualifying Provinces or, in the reasonable opinion of the Underwriter, has or could reasonably be expected to have a material adverse effect on the market price or value of the Special Warrants or the Underlying Securities, the Underwriter shall be entitled, at its option, in accordance with subparagraph 11(f), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Special Warrants) by written notice to that effect given to the Company prior to the Closing Time.
Change in Material Fact. There shall have occurred any material change or change in any material fact or a new or undisclosed material fact shall arise or be discovered, which, in the sole opinion of the Agent, acting reasonably, has or would be expected to have a material adverse change or effect on the business, affairs, prospects or financial condition of the Company or on the market price, value or marketability of the Units;
Change in Material Fact. In the event that prior to the Closing Time, the Agents or the Agents’ representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of the Agents has or could be expected to have a significant adverse effect on the market price or value of the securities of the Company, the Agents shall be entitled, at their sole option, in accordance with subparagraph 9(h), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Units) by written notice to that effect given to the Company prior to the Closing Time.
Change in Material Fact. In the event that prior to the Closing Time, the Agents or the Agents’ representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or a new or undisclosed material fact shall arise or be discovered, which, in the sole opinion of the Agents (or any of them), acting reasonably, has or could be expected to have a significant adverse effect on the business, affairs or profitability of the Company or on the market price, value or marketability of the Common Shares, the Agents (or any of them) shall be entitled, at their sole option, in accordance with subsection 7(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase the Units) by written notice to that effect given to the Company prior to the Closing Time on the Closing Date.
Change in Material Fact. In the event that prior to the Closing Time, the Agent or the Agent’s representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or a new or undisclosed material fact shall arise or be discovered, which, in the sole opinion of the Agent, acting reasonably, has or could be expected to have a material adverse change or material adverse effect on the business or affairs of the Company or on the market price, value or marketability of the securities of the Company, the Agent shall be entitled, at its sole option, in accordance with subsection 7(h), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase the Units) by written notice to that effect given to the Company prior to the Closing Time on the Closing Date.
Change in Material Fact. In the event that prior to the Closing Time, the Underwriters or the Underwriters' representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of the Underwriters (or any one of them), has or could be expected to have a material adverse change or material adverse effect on the business, affairs or profitability of the Company and its Material Subsidiaries, taken as a whole, or on the market price or value of the Common Shares, the Underwriters (or any one of them) shall be entitled, at their sole option, in accordance with subparagraph 7(g), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase the Treasury Units and Secondary Shares) by written notice to that effect given to the Company and the Selling Shareholders prior to the Closing Time.
Change in Material Fact. In the event that prior to the Closing Time, the Agent or the Agent’ representatives, through their due diligence investigations, or otherwise discover or there should occur a material change or a change in any material fact or new material fact shall arise, which, in the sole opinion of the Agent has or could be expected to have a significant adverse effect on the market price or value of the securities of the Company, the Agent shall be entitled, at its sole option, in accordance with subparagraph 10(h), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase Subscription Receipts) by written notice to that effect given to the Company prior to the Closing Time.
Change in Material Fact. In the event that prior to the Closing Time there shall occur any material change (actual, anticipated, contemplated or threatened, financial or otherwise) in the business, affairs, operations, assets, liabilities (contingent or otherwise), capital or control of the Company and the Subsidiaries, taken as a whole, or there should be discovered any previously undisclosed material fact (other than a material fact related solely to any of the Agent), in each case which, in the opinion of the Agent, acting reasonably, has or may be expected to have a material adverse effect on the market price or value of the Special Warrants, the Underlying Securities or any other securities of the Company, the Agent shall be entitled, at its option, in accordance with Section 17(6), to terminate its obligations under this Agreement (and the obligations of the Purchasers arranged by it to purchase Special Warrants) by written notice to that effect given to the Company prior to the Closing Time.
Change in Material Fact. There shall be any material change or change in a material fact, or there should be discovered any previously undisclosed material fact, in each case which, in the reasonable opinion of the Underwriters, has or would be expected to have a significant adverse effect on the market price or value of the Units, or any other securities of the Company;
