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. The Articles of Arrangement shall include the form of the Plan of Arrangement attached to this Agreement as Schedule B and any amendments or variations thereto made in accordance with Section 9.11 or the Plan of Arrangement or made at the direction of the Court in the Final Order with the consent of the Company and the Purchaser, each acting reasonably. On the second business day after the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition is, and subject to applicable Law, of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date and the condition in Section 6.3(c), but subject to the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition is, of those conditions as of the Effective Date) set forth in Article VI, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by the Company with the Director, provided that the Company shall not be required to file the Articles of Arrangement with the Director unless the Company has received written confirmation, in form satisfactory to it, from the Depositary that it has received the funds referred to in Section 2.10. Subject to the terms hereof, the Company shall specify in a written notice to the Purchaser the date the Articles of Arrangement are to be filed (the "Filing Date"), which date shall not be less than two business days following the date that such notice is provided. From and after the Effective Time, the Plan of Arrangement shall have all of the effects provided by applicable Law, including the OBCA. The closing of the transactions contemplated hereby shall take place at the offices of Blake, Xxxxxxx & Xxxxxxx LLP or at such other location as may be agreed upon by the Parties.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. The Articles of Arrangement shall include the form of the Plan of Arrangement attached to this Agreement hereto as Schedule B “A” and any amendments or variations thereto made in accordance with Section 9.11 or the Plan of Arrangement 10.1 or made at the direction of the Court in the Final Order with the consent of the Company and the Purchaser, each acting reasonably. On the second business day fifth Business Day after the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition is, and subject to applicable Applicable Law, of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date and the condition in Section 6.3(c)Date, but subject to the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition is, of those conditions as of the Effective Date) set forth in Article VI8, unless another time or date is agreed to in writing by the PartiesParties and immediately following the receipt of a written confirmation of the irrevocable wire of the funds referenced in Section 2.9, the Articles of Arrangement shall be filed by the Company with the Director, ; provided that the Company shall not be required to file the Articles of Arrangement with the Director unless the Company has received written confirmation, in form satisfactory to it, from the Depositary that it has received the funds referred to in Section 2.10. Subject prior to the terms hereof, earlier of (i) a date during the Company shall specify in a written Marketing Period specified by the Purchaser on no less than two Business Days’ notice to the Purchaser Company, and (ii) the date last day of the Articles of Arrangement are to be filed Marketing Period (such earlier date, the "“Filing Date"”), which date shall not be less than two business days following the date that such notice is provided. From and after the Effective Time, the Plan of Arrangement shall will have all of the effects provided by applicable Applicable Law, including the OBCACBCA. The closing of the transactions contemplated hereby shall will take place at the offices of BlakeStikeman Elliott LLP, Xxxxxxx & Xxxxxxx LLP 1155 Xxxx-Xxxxxxxx Blvd. West, 40th Floor, Montréal, Québec, or at such other location as may be agreed upon by the Parties.

Articles of Arrangement and Effective Date. (a) The Company shall file the Articles of Arrangement shall implement the Plan of Arrangement. The Articles of Arrangement shall include the form of the Plan of Arrangement attached to this Agreement as Schedule B and any amendments or variations thereto made in accordance with Section 9.11 or the Plan of Arrangement or made at the direction of the Court in the Final Order with the consent of the Company Registrar, and the PurchaserEffective Date shall occur as soon as reasonably practicable after (and in any event not later than three Business Days after) the date on which all conditions set forth in Section 6.1, each acting reasonably. On the second business day after the satisfaction or, where not prohibited, the waiver by the applicable Party Section 6.2 and Section 6.3 have been satisfied or Parties in whose favour the condition is, and subject to applicable Law, of the conditions waived (excluding conditions that, by their terms, cannot be satisfied until the Effective Date and the condition in Section 6.3(c)Time, but subject to the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition isis stipulated, of those conditions as of the Effective Date) set forth in Article VITime), unless another time or date is agreed to in writing by the Parties; provided that (i) if the Purchaser has given written notice to the Company that it requires a Marketing Period and the Marketing Period has not ended on the date of the satisfaction or waiver of the conditions set out in Article 6 (excluding conditions that, by their terms, cannot be satisfied until the Articles of Arrangement shall be filed Effective Time, but subject to the satisfaction or, where not prohibited, waiver by the applicable Party or Parties for whose benefit such conditions exist, of those conditions as of the Effective Time), then the Effective Date will take place instead on the earliest of (A) any Business Day during the Marketing Period as may be specified by the Purchaser on not less than three Business Days’ prior written notice to the Company with the Director, (provided that the Company Effective Time shall not be later than the Outside Date); (B) the second Business Day after the final day of the Marketing Period (provided that the Effective Time shall not be later than the Outside Date); and (C) such other date as the Purchaser and the Company may agree in writing, but subject in each case to the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties for whose benefit a condition is stipulated, of all of the conditions set out in Article 6, and (ii) if on the date the Company would otherwise be required to file the Articles of Arrangement with the Director unless the Company pursuant to this Section 2.9(a), a Party has received written confirmation, in form satisfactory delivered a Termination Notice pursuant to it, from the Depositary that it has received the funds referred to in Section 2.10. Subject to the terms hereof4.11(c), the Company shall specify in a written notice to the Purchaser the date not file the Articles of Arrangement are to be filed (until the "Filing Date")Breaching Party has cured the breaches of representations, which date shall not be less than two business days following warranties, covenants or other matters specified in the date that such notice is providedTermination Notice . From and after the Effective Time, the Plan of Arrangement shall will have all of the effects provided by applicable Law, including the OBCA. The closing of the transactions contemplated hereby shall take place at the offices of Blake, Xxxxxxx & Xxxxxxx LLP or at such other location as may be agreed upon by the PartiesABCA.

Articles of Arrangement and Effective Date. The Articles of Arrangement shall implement the Plan of Arrangement. The Articles of Arrangement shall include the form of the Plan of Arrangement attached to this Agreement as Schedule B and any amendments or variations thereto made in accordance with Section 9.11 or the Plan of Arrangement or made at the direction of the Court in the Final Order with the consent of the Company and the Purchaser, each acting reasonably. On the second business day after the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition is, and subject to applicable Law, of the conditions (excluding conditions that, by their terms, cannot be satisfied until the Effective Date and the condition in Section 6.3(c6.3(d), but subject to the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition is, of those conditions as of the Effective Date) set forth in Article VI, unless another time or date is agreed to in writing by the Parties, the Articles of Arrangement shall be filed by the Company with the Director, provided that the Company shall not be required to file the Articles of Arrangement with the Director unless the Company has received written confirmation, in form satisfactory to it, from the Depositary that it has received the funds referred to in Section 2.102.9. Subject to the terms hereof, the Company shall specify in a written notice to the Purchaser the date the Articles of Arrangement are to be filed (the "“Filing Date"”), which date shall not be less than two business days following the date that such notice is provided. From and after the Effective Time, the Plan of Arrangement shall have all of the effects provided by applicable Law, including the OBCA. The closing of the transactions contemplated hereby shall take place at the offices of Blake, Xxxxxxx & Xxxxxxx Davies Xxxx Xxxxxxxx and Xxxxxxxx LLP or at such other location as may be agreed upon by the Parties.

Articles of Arrangement and Effective Date. (a) The Company shall file the Articles of Arrangement shall implement the Plan of Arrangement. The Articles of Arrangement shall include the form of the Plan of Arrangement attached to this Agreement as Schedule B and any amendments or variations thereto made in accordance with Section 9.11 or the Plan of Arrangement or made at the direction of the Court in the Final Order with the consent of the Company Registrar, and the PurchaserEffective Date shall occur as soon as reasonably practicable after (and in any event not later than three Business Days after) the date on which all conditions set forth in Section 6.1, each acting reasonably. On the second business day after the satisfaction or, where not prohibited, the waiver by the applicable Party Section 6.2 and Section 6.3 have been satisfied or Parties in whose favour the condition is, and subject to applicable Law, of the conditions waived (excluding conditions that, by their terms, cannot be satisfied until the Effective Date and the condition in Section 6.3(c)Time, but subject to the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties in whose favour the condition isis stipulated, of those conditions as of the Effective Date) set forth in Article VITime), unless another time or date is agreed to in writing by the Parties; provided that (i) if the Purchaser has given written notice to the Company that it requires a Marketing Period and the Marketing Period has not ended on the date of the satisfaction or waiver of the conditions set out in Article 6 (excluding conditions that, by their terms, cannot be satisfied until the Articles of Arrangement shall be filed Effective Time, but subject to the satisfaction or, where not prohibited, waiver by the applicable Party or Parties for whose benefit such conditions exist, of those conditions as of the Effective Time), then the Effective Date will take place instead on the earliest of (A) any Business Day during the Marketing Period as may be specified by the Purchaser on not less than three Business Days’ prior written notice to the Company with the Director, (provided that the Company Effective Time shall not be later than the Outside Date); (B) the second Business Day after the final day of the Marketing Period (provided that the Effective Time shall not be later than the Outside Date); and (C) such other date as the Purchaser and the Company may agree in writing, but subject in each case to the satisfaction or, where not prohibited, the waiver by the applicable Party or Parties for whose benefit a condition is stipulated, of all of the conditions set out in Article 6, and (ii) if on the date the Company would otherwise be required to file the Articles of Arrangement with the Director unless the Company pursuant to this Section 2.9(a), a Party has received written confirmation, in form satisfactory delivered a Termination Notice pursuant to it, from the Depositary that it has received the funds referred to in Section 2.10. Subject to the terms hereof4.11(c), the Company shall specify in a written notice to the Purchaser the date not file the Articles of Arrangement are to be filed (until the "Filing Date")Breaching Party has cured the breaches of representations, which date shall not be less than two business days following warranties, covenants or other matters specified in the date that such notice is providedTermination Notice. From and after the Effective Time, the Plan of Arrangement shall will have all of the effects provided by applicable Law, including the OBCA. The closing of the transactions contemplated hereby shall take place at the offices of Blake, Xxxxxxx & Xxxxxxx LLP or at such other location as may be agreed upon by the PartiesABCA.