Common use of Amendments to Plan of Arrangement Clause in Contracts

Amendments to Plan of Arrangement. (a) True Gold reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by Endeavour and True Gold; (iii) filed with the Court and, if made following the True Gold Meeting, approved by the Court; and (iv) communicated to holders or former holders of True Gold Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold at any time prior to the True Gold Meeting; provided, however, that Endeavour shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the True Gold Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the True Gold Meeting shall be effective only if: (i) it is consented to in writing by each of Endeavour and True Gold; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of the True Gold Shares voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Appears in 1 contract

Sources: Arrangement Agreement

Amendments to Plan of Arrangement. (a) True Gold reserves GAA, GG and FCR reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, provided that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by Endeavour GAA, GG and True GoldFCR; (iii) filed with the Court and, if made following the True Gold GAA Meeting, approved by the Court; and (iv) communicated to holders or former holders of True Gold Securities GAA Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold GAA at any time prior to the True Gold Meeting; provided, however, GAA Meeting provided that Endeavour GG and FCR shall each have consented thereto in writing, with or without any other prior notice or communicationcommunication (other than as may be required under the Interim Order), and, if so proposed and accepted by the persons voting at the True Gold Meeting (other than as may be required under the Interim Order)GAA Meeting, shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the True Gold GAA Meeting shall be effective only if: (i) it is consented to in writing by each of Endeavour GAA, GG and True GoldFCR; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) Court; and (iii) if required by the Court, it is consented to approved by holders of the True Gold GAA Shares voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Appears in 1 contract

Sources: Arrangement Agreement (Gazit-Globe LTD)

Amendments to Plan of Arrangement. (a) True Gold QPM reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by Endeavour and True GoldFu▇▇ ▇nd QPM; (iii) filed with the Court and, if made following the True Gold QPM Meeting, approved by the Court; and (iv) communicated to holders or former holders of True Gold QPM Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold QPM at any time prior to the True Gold QPM Meeting; provided, however, that Endeavour Fury shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the True Gold QPM Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the True Gold QPM Meeting shall be effective only if: (i) it is consented to in writing by each of Endeavour Fury and True GoldQPM; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of persons voting at the True Gold Shares voting QPM Meeting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Appears in 1 contract

Sources: Arrangement Agreement (Fury Gold Mines LTD)

Amendments to Plan of Arrangement. (a) True Gold reserves Eldorado and European Goldfields reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by Endeavour Eldorado and True GoldEuropean Goldfields; (iii) filed with the Court and, if made following the True Gold European Goldfields Meeting, approved by the Court; and (iv) communicated to holders or former holders of True Gold European Goldfields Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold European Goldfields at any time prior to the True Gold European Goldfields Meeting; provided, however, that Endeavour Eldorado shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the True Gold European Goldfields Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the True Gold European Goldfields Meeting shall be effective only if: (i) it is consented to in writing by each of Endeavour Eldorado and True GoldEuropean Goldfields; (ii) it is filed with the Court (other than amendments contemplated in Section Subsection 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of the True Gold European Goldfields Shares voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Appears in 1 contract

Sources: Arrangement Agreement (Eldorado Gold Corp /Fi)

Amendments to Plan of Arrangement. (a) True Gold Avion reserves the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by Endeavour and True GoldAvion; (iii) filed with the Court and, if made following the True Gold Avion Meeting, approved by the Court; and (iv) communicated to holders or former holders of True Gold Avion Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold Avion at any time prior to the True Gold Avion Meeting; provided, however, that Endeavour shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the True Gold Avion Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the True Gold Avion Meeting shall be effective only if: (i) it is consented to in writing by each of Endeavour and True GoldAvion; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(dSubsection 7.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of the True Gold Avion Shares voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Appears in 1 contract

Sources: Amending Agreement

Amendments to Plan of Arrangement. (a) True Gold reserves HudBay and Skye reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided, however, provided that each such amendment, modification or supplement must be: be (i) set out in writing; , (ii) agreed to in writing by Endeavour HudBay and True Gold; Skye, (iii) filed with the Court and, if made following the True Gold Skye Meeting, approved by the Court; , and (iv) communicated to holders or former holders of True Gold Securities Skye Shares, Skye Options and Skye DSUs if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold Skye at any time prior to the True Gold Meeting; provided, however, Skye Meeting provided that Endeavour HudBay shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the True Gold Skye Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the True Gold Skye Meeting shall be effective only if: (i) it is consented to in writing by each of Endeavour HudBay and True GoldSkye; and (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of the True Gold Shares Skye Shares, Skye Options and Skye DSUs voting in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.

Appears in 1 contract

Sources: Agreement to Amend (HudBay Minerals Inc.)

Amendments to Plan of Arrangement. (a) True Gold reserves The Parties reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Time, provided, however, provided that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by Endeavour and True Goldthe Parties; (iii) filed with the Court and, if made following the True Gold Alexandria Meeting, approved by the Court; and (iv) communicated to holders or former holders of True Gold Securities Former Alexandria Shareholders and/or Former Alexandria Optionholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold Alexandria at any time prior to the True Gold Alexandria Meeting; provided, however, provided that Endeavour Chantrell shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the True Gold Alexandria Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved by the Court following the True Gold Alexandria Meeting shall be effective only if: (i) it is consented to in writing by each of Endeavour the Parties; and True Gold; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d), which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of the True Gold Shares Alexandria Shares, voting in the manner directed by the Court. (d) This Any amendment, modification or supplement to this Plan of Arrangement may be withdrawn prior to made following the Effective Time in accordance with the terms but shall only be effective if it is consented to by each of the Parties, provided that such amendment, modification or supplement concerns a matter which, in the reasonable opinion of the Parties, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement Agreementand is not adverse to the financial or economic interests of the Parties or any Former Alexandria Shareholder and/or Former Alexandria Optionholder.

Appears in 1 contract

Sources: Arrangement Agreement

Amendments to Plan of Arrangement. (a) True Gold reserves Purchaser and JDS Silver reserve the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to time, provided, however, provided that each such any amendment, modification or supplement must be: (i) set out in writing; (ii) be agreed to in writing by Endeavour Purchaser and True Gold; (iii) JDS Silver contained in a written document which is filed with the Court and, if made following the True Gold JDS Silver Meeting, approved by the Court; Court and (iv) communicated to holders or former holders of True Gold Securities if and as JDS Silver Shareholders in the manner required by the CourtCourt (if so required). (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by True Gold JDS Silver at any time prior to the True Gold Meeting; provided, however, JDS Silver Meeting provided that Endeavour Purchaser shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the persons voting at the True Gold JDS Silver Meeting (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the True Gold JDS Silver Meeting shall be effective only if: (i) if it is consented to in writing by each of Endeavour Purchaser and True GoldJDS Silver; (ii) it is filed with the Court (other than amendments contemplated in Section 6.1(d)and, which shall not require such filing) and (iii) if required by the Court, it is consented to by holders of the True Gold Shares JDS Silver Shareholders voting in the manner directed by the Court. (d) This Notwithstanding the foregoing provisions of this section 6.1, no amendment, modification or supplement to this Plan of Arrangement may be withdrawn made prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.

Appears in 1 contract

Sources: Arrangement Agreement (Coeur Mining, Inc.)