Common use of Articles of Arrangement and Effective Date Clause in Contracts

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day after the satisfaction or, where not permitted, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields with the Registrar, provided, however, that the Articles of Arrangement shall not be sent to the Registrar, for endorsement and filing by the Registrar, except as contemplated hereby or with Eldorado’s prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCA. European Goldfields agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 of this Agreement to include such other terms determined to be necessary or desirable by Eldorado, provided, however, that the Plan of Arrangement shall not be amended in any manner which has the effect of reducing the Consideration or which is otherwise prejudicial to the European Goldfields Shareholders or other parties to be bound by the Plan of Arrangement and is not inconsistent with the provisions of this Agreement. The closing of the Arrangement will take place at the offices of Xxxxxx Xxxxxx Xxxxxxx LLP, Suite 1200, 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx at 10:00 a.m. on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day Business Day after the satisfaction or, where not permitted, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields Sulliden with the RegistrarDirector, provided, however, that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with Eldorado’s Rio Alto's prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCAOBCA. European Goldfields Each of Sulliden and Rio Alto agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 Subsection 9.4 of this Agreement to include such other terms determined to be necessary or desirable by EldoradoRio Alto or Sulliden, as the case may be, provided, however, that the Plan of Arrangement shall not be amended in any manner which has the effect of reducing changing the Consideration or which is otherwise prejudicial to the European Goldfields Shareholders or Sulliden Shareholders, other parties to be bound by the Plan of Arrangement or the Rio Alto Shareholders and is not inconsistent with the provisions of this Agreement. The closing of the Arrangement will take place at the offices of Xxxxxx Xxxxxx Xxxxxxx Xxxxx & Xxxxxxxxx LLP, Suite 12002100 Scotia Plaza, 000 Xxxxxxx Xxxxxx00 Xxxx Xxxxxx Xxxx, XxxxxxxxxXxxxxxx, Xxxxxxx Xxxxxxxx at 10:00 a.m. on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day Business Day after the satisfaction or, where not permittedprohibited, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields TMX Group with the RegistrarDirector, provided, however, provided that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with EldoradoLSEG’s prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCAOBCA. European Goldfields TMX Group agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 7.4 of this Agreement to include such other terms determined to be necessary or desirable by EldoradoLSEG, providedacting reasonably, however, provided that the Plan of Arrangement shall not be amended in any manner which is inconsistent with the provisions of this Agreement, which would reasonably be expected to delay, impair or impede the satisfaction of any condition set forth in Article 6 or which has the effect of reducing the Consideration or which is otherwise prejudicial to the European Goldfields TMX Group Shareholders or other parties to be bound by the Plan of Arrangement and is not inconsistent with the provisions of this AgreementArrangement. The closing of the Arrangement will take place at the offices of Osler, Xxxxxx Xxxxxx Xxxxxxx & Harcourt LLP, Suite 1200Xxxxx 0000, 000 Xxxxxxx XxxxxxXxxxx Xxxxxxxx Xxxxx, XxxxxxxxxXxxxxxx, Xxxxxxx Xxxxxxxx at 10:00 8:00 a.m. (Toronto time) on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day Business Day after the satisfaction or, where not permitted, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields Fission with the RegistrarDirector, provided, however, that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with Eldorado’s Xxxxxxx’x prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCACBCA. European Goldfields Each of Fission and Xxxxxxx agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 Subsection 8.5 of this Agreement to include such other terms determined to be necessary or desirable by EldoradoXxxxxxx or Fission, as the case may be, provided, however, that the Plan of Arrangement shall not be amended in any manner which has the effect of reducing changing the Consideration Consideration, or which is otherwise prejudicial to the European Goldfields Shareholders or Fission Shareholders, other parties to be bound by the Plan of Arrangement and or the Xxxxxxx Shareholders or is not inconsistent with the provisions of this Agreement. The closing of the Arrangement will take place at the offices of Xxxxxx Xxxxxx Xxxxxxx Xxxxx & Xxxxxxxxx LLP, Suite 12002100, 000 Xxxxxxx XxxxxxScotia Plaza, Xxxxxxxxx00 Xxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx Xxxxxxxx X0X 0X0 at 10:00 a.m. (Toronto time) on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day Business Day after the satisfaction or, where not permittedprohibited, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields Avion with the RegistrarDirector, provided, however, that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with EldoradoEndeavour’s prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCA. European Goldfields Avion agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 of this Agreement to include such other terms determined to be necessary or desirable by EldoradoEndeavour, acting reasonably provided, however, that the Plan of Arrangement shall not be amended in any manner which has the effect of reducing the Consideration or which is otherwise prejudicial to the European Goldfields Avion Shareholders or other parties to be bound by the Plan of Arrangement and is not inconsistent with the provisions of this Agreement. The closing of the Arrangement will take place at the offices of Xxxxxx Xxxxxx Xxxxxxx Xxxxx & Xxxxxxxxx LLP, Suite 12002100 Scotia Plaza, 000 Xxxxxxx Xxxxxx00 Xxxx Xxxxxx Xxxx, XxxxxxxxxXxxxxxx, Xxxxxxx Xxxxxxxx Xxxxxxx, X0X 0X0, at 10:00 a.m. on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day Business Day after the satisfaction or, where not permitted, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields Brigus with the RegistrarDirector, provided, however, that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with EldoradoPrimero’s prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCACBCA. European Goldfields Each of Brigus and Primero agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 9.4 of this Agreement to include such other terms determined to be necessary or desirable by EldoradoPrimero or Brigus, as the case may be, provided, however, that the Plan of Arrangement shall not be amended in any manner which has the effect of reducing changing the Consideration or which is otherwise prejudicial to the European Goldfields Shareholders or Brigus Shareholders, other parties to be bound by the Plan of Arrangement or the Primero Shareholders and is not inconsistent with the provisions of this Agreement. The closing of the Arrangement will take place at the offices of Xxxxxx Xxxxxx Xxxxxxx Stikeman Elliott LLP, Suite 12000000 Xxxxxxxx Xxxxx Xxxx, 000 Xxxxxxx Xxx Xxxxxx, XxxxxxxxxXxxxxxx, Xxxxxxx Xxxxxxxx at 10:00 a.m. on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day after the satisfaction or, where not permittedprohibited, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields Minefinders with the Registrar, Director; provided, however, that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with EldoradoPan American’s prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCAOBCA. European Goldfields Minefinders agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 of this Agreement to include such other terms determined to be necessary or desirable by Eldorado, Pan American; provided, however, that the Plan of Arrangement shall not be amended in any manner which has the effect of reducing the Consideration or which is otherwise prejudicial to the European Goldfields Minefinders Shareholders or other parties to be bound by the Plan of Arrangement and is not inconsistent with the provisions of this Agreement. The closing of the Arrangement will take place at the offices of Xxxxxx Xxxxxx Xxxxxxx LLP, Suite 1200, 000 Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxx Xxxxxxxx at 10:00 7:00 a.m. (Vancouver time) on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day after the satisfaction or, where not permittedprohibited, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields Red Back with the RegistrarDirector, provided, however, provided that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with Eldorado’s Kinross’ prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCACBCA. European Goldfields Red Back agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 of this Agreement to include such other terms determined to be necessary or desirable by EldoradoKinross, provided, however, provided that the Plan of Arrangement shall not be amended in any manner which has the effect of reducing the Consideration or which is otherwise prejudicial to the European Goldfields Red Back Shareholders or other parties to be bound by the Plan of Arrangement and is not inconsistent with the provisions of this Agreement. The closing of the Arrangement will take place at the offices of Osler, Xxxxxx Xxxxxx Xxxxxxx & Harcourt LLP, Suite 12006300, 000 Xxxxxxx XxxxxxFirst Xxxxxxxx Xxxxx, XxxxxxxxxXxxxxxx, Xxxxxxx Xxxxxxxx at 10:00 8:00 a.m. on the Effective Date, or at such other time and place as may be agreed to by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. On the second (2nd) business day Business Day after the satisfaction or, where not permittedprohibited, the waiver of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date, but subject to the satisfaction or, where not prohibited, the waiver of those conditions as of the Effective Date) set forth in Article 6, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by European Goldfields TMX Group with the RegistrarDirector, provided, however, provided that the Articles of Arrangement shall not be sent to the RegistrarDirector, for endorsement and filing by the RegistrarDirector, except as contemplated hereby or with EldoradoLSEG’s prior written consent. From and after the Effective Time, the Plan of Arrangement will have all of the effects provided by applicable Law, including the YBCAOBCA. European Goldfields TMX Group agrees to amend the Plan of Arrangement at any time prior to the Effective Time in accordance with Section 8.4 7.4 of this Agreement to include such other terms determined to be necessary or desirable by EldoradoLSEG, providedacting reasonably, however, provided that the Plan of Arrangement shall not be amended in any manner which is inconsistent with the provisions of this Agreement, which would reasonably be expected to delay, impair or impede the satisfaction of any condition set forth in Article 6 or which has the effect of reducing the Consideration or which is otherwise prejudicial to the European Goldfields TMX Group Shareholders or other parties to be bound by the Plan of Arrangement and is not inconsistent with the provisions of this AgreementArrangement. The closing of the Arrangement will take place at the offices of Osler, Xxxxxx Xxxxxx Xxxxxxx & Harcourt LLP, Suite 12006300, 000 Xxxxxxx XxxxxxFirst Xxxxxxxx Xxxxx, XxxxxxxxxXxxxxxx, Xxxxxxx Xxxxxxxx at 10:00 8:00 a.m. (Toronto time) on the Effective Date, or at such other time and place as may be agreed to by the Parties.