Common use of Payment of Consideration Clause in Contracts

Payment of Consideration. (a) Prior to the filing of the Articles of Arrangement, the Purchaser shall deposit, or cause to be deposited (including by directing the Company to deliver the Loan Amount to the Depositary), for the benefit of the Shareholders, cash with the Depositary in the aggregate amount equal to the payments in respect of the Shares required by Section 2.3(h) of this Plan of Arrangement, with the amount per Share in respect of which Dissent Rights have been exercised being deemed to be the Consideration for this purpose.

Appears in 2 contracts

Samples: Arrangement Agreement, Arrangement Agreement (Dominion Diamond Corp)

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Payment of Consideration. (a1) Prior to the filing of the Articles of Arrangement, the Purchaser shall deposit, or cause arrange to be deposited (including by directing the Company to deliver the Loan Amount to the Depositary)deposited, for the benefit of holders of Shares (other than the ShareholdersDissenting Holders), cash with the Depositary in and CVRs with the aggregate amount equal to the payments in respect of the Shares Rights Agent as are required by Section 2.3(h) of this Plan of Arrangement, with the amount per Share in respect of which Dissent Rights have been exercised being deemed to be the Consideration per Share for this purpose.

Appears in 2 contracts

Samples: Arrangement Agreement (Shockwave Medical, Inc.), Arrangement Agreement (Neovasc Inc)

Payment of Consideration. (a) Prior to the filing of the Articles of Arrangement, the Purchaser shall shall, in accordance with the Arrangement Agreement, deposit, or cause arrange to be deposited (including by directing the Company to deliver the Loan Amount to the Depositary)deposited, for the benefit of the Shareholders, cash with the Depositary in the aggregate amount equal to the payments in respect of the Shares required by Section 2.3(h) of this Plan of Arrangement, with the amount per Share Arrangement (other than in respect of which Dissent Rights have been exercised being deemed to be Shares held by a Dissenting Holder and any Shares held by the Consideration for this purposePurchaser and any of its affiliates).

Appears in 1 contract

Samples: Arrangement Agreement

Payment of Consideration. (a) Prior to the filing of the Articles of Arrangement, the Purchaser shall deposit, or cause arrange to be deposited (including by directing the Company to deliver the Loan Amount to the Depositary)deposited, for the benefit of the ShareholdersSecurityholders, cash with the Depositary in the aggregate amount equal to the payments in respect of the Shares Company Securities required by Section 2.3(h) of this Plan of Arrangement, with the amount per Common Share in respect of which Dissent Rights have been exercised being deemed to be the Consideration for this purpose.

Appears in 1 contract

Samples: Amending Agreement

Payment of Consideration. (a1) Prior to the filing of the Articles of Arrangement, the Purchaser shall deposit, or cause arrange to be deposited (including by directing the Company to deliver the Loan Amount to deposited, with the Depositary), for the benefit of the Shareholdersapplicable holders of Company Common Shares, cash with the Depositary in share certificates or other entitlements to the aggregate amount equal number of Consideration Shares payable to the payments in respect of the Shares required by Company Shareholders under Section 2.3(h) of this Plan of Arrangement, with the amount per Share in respect of which Dissent Rights have been exercised being deemed to be the Consideration for this purpose2.3.

Appears in 1 contract

Samples: Arrangement Agreement (Pixelworks, Inc)

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Payment of Consideration. (a1) Prior to the filing of the Articles of Arrangement, the Purchaser shall deposit, or cause arrange to be deposited (including by directing the Company to deliver the Loan Amount to the Depositary)deposited, for the benefit of holders of Shares (other than the ShareholdersDissenting Holders), Options and DSUs, cash with the Depositary in and CVRs with the aggregate amount equal to the payments in respect of the Shares Rights Agent as are required by Section 2.3(h) of this Plan of Arrangement, with the amount per Share in respect of which Dissent Rights have been exercised being deemed to be the Consideration per Share for this purpose, net of applicable withholdings for the benefit of the holders of Shares, Options and DSUs.

Appears in 1 contract

Samples: Arrangement Agreement (Clementia Pharmaceuticals Inc.)

Payment of Consideration. (a1) Prior to the filing of the Articles of Arrangement, the Purchaser shall deposit, or cause arrange to be deposited (including by directing the Company to deliver the Loan Amount to the Depositary)deposited, for the benefit of the Shareholders, cash with the Depositary in the aggregate amount equal to the payments in respect of the Shares as is required by Section 2.3(h) of this Plan of Arrangement, with the amount per Share in respect of which Dissent Rights have been exercised being deemed to be the Consideration for this purpose, net of any applicable withholdings for the benefit of the Shareholders.

Appears in 1 contract

Samples: Arrangement Agreement (POINTS.COM Inc.)

Payment of Consideration. (a1) Prior to the filing of the Articles of Arrangement, the Purchaser shall deposit, or cause arrange to be deposited (including by directing the Company to deliver the Loan Amount to the Depositary), for the benefit of Shareholders (other than Dissenting Holders) sufficient funds to satisfy the Shareholders, cash with the Depositary in the aggregate amount equal Aggregate Arrangement Consideration payable to the payments in respect of the Shares Shareholders as required by Section 2.3(h) of this Plan of Arrangement, with which funds shall be held by the amount per Share Depositary in respect of which Dissent Rights have been exercised being deemed to be the Consideration escrow as agent and nominee for this purposesuch Shareholders.

Appears in 1 contract

Samples: Arrangement Agreement (BELLUS Health Inc.)

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