Amendments to Plan of Arrangement. (a) LBIX and Liquid reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by LBIX and Liquid; (iii) filed with the Court and, if made following the Liquid Meeting, approved by the Court; and (iv) communicated to Liquid Shareholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Liquid at any time prior to the Liquid Meeting provided that LBIX 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 Liquid 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 Liquid Meeting shall be effective only if: (i) it is consented to in writing by each of LBIX and Liquid; (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 Liquid Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Time unilaterally by LBIX, provided that it concerns a matter that, in the reasonable opinion of LBIX, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any Former Liquid Shareholder or former holder of Liquid Options. (e) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.
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Sources: Arrangement Agreement (Leading Brands Inc), Arrangement Agreement (Leading Brands Inc), Arrangement Agreement (Leading Brands Inc)
Amendments to Plan of Arrangement. (a) LBIX MTI and Liquid Target Company reserve the right to amend, modify or supplement this Plan of Arrangement at any time and from time to time, provided that each such amendment, modification or supplement must be: (i) set out in writing; (ii) agreed to in writing by LBIX MTI and LiquidTarget Company; (iii) filed with the Court and, if made following the Liquid Meeting, approved by the Court; and (iv) communicated to Liquid Shareholders the holders or former holders of MTI Shares and/or MTI Warrants if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Liquid MTI at any time prior to the Liquid Meeting provided that LBIX Target Company shall have consented thereto in writing, with or without any other prior notice or communication, and, if so proposed and accepted by the Persons persons voting at the Liquid 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 Liquid Meeting shall be effective only if: (i) it is consented to in writing by each of LBIX MTI and LiquidTarget Company; (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 by holders of the Liquid MTI Shares voting in the manner directed by the Court.
(d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Time unilaterally time by LBIXthe written agreement of MTI and Target Company, provided that it is concerns a matter that, in the reasonable opinion of LBIXeach of MTI and Target Company, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any Former Liquid Target Shareholder, MTI Shareholder or former holder of Liquid OptionsMTI Warrants.
(e) 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) LBIX and Liquid reserve the right to The Parties may amend, modify or and/or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Time, provided that each such amendment, modification or and/or supplement must be: (i) be set out in writing; , (ii) agreed to in writing be approved by LBIX and Liquid; the Parties, each acting reasonably, (iii) filed with the Court and, if made following the Liquid Cardiome Meeting, approved by the Court; , and (iv) communicated to Liquid Shareholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Liquid the Parties at any time prior to the Liquid Cardiome Meeting (provided that LBIX Cipher and Cardiome shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted by the Persons voting at the Liquid Cardiome 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 Liquid Cardiome Meeting shall be effective only if: if (i) it is consented to in writing by each of LBIX the Parties (in each case, acting reasonably), and Liquid; (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 some or all of the Liquid Shares Shareholders voting in the manner directed by the Court.
(d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Time Date unilaterally by LBIXCorrevio and Cipher, provided that it concerns a matter thatwhich, in the reasonable opinion of LBIXCorrevio and Cipher, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any Former Liquid Shareholder or former holder of Liquid OptionsCardiome Shareholder.
(e) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.
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Amendments to Plan of Arrangement. (a) LBIX and Liquid reserve The Corporation reserves the right to amend, modify or and/or supplement this Plan of Arrangement at any time and from time to timetime prior to the Effective Date, provided that each such amendment, modification or and/or supplement must be: be (i) set out in writing; , (ii) agreed to in writing approved by LBIX and Liquid; the Purchaser, (iii) filed with the Court and, if made following the Liquid Meeting, approved by the Court; , and (iv) communicated to Liquid Shareholders Securityholders if and as required by the Court.
(b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Liquid the Corporation at any time prior to the Liquid Meeting (provided that LBIX the Purchaser shall have consented thereto in writing, thereto) with or without any other prior notice or communication, and, and if so proposed and accepted approved by the Persons persons voting at the Liquid 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 Liquid Meeting shall be effective only if: if (i) it is consented to in writing by each of LBIX the Corporation and Liquid; the Purchaser 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 approved by holders of the Liquid Shares Securityholders voting in the manner directed by the Court.
(d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Time unilaterally by LBIXthe Purchaser, provided that it concerns a matter thatwhich, in the reasonable opinion of LBIXthe Purchaser, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the financial or economic interest interests of any Former Liquid Shareholder or former holder of Liquid OptionsSecurityholders.
(e) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement.
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