Common use of Binding Arrangement Clause in Contracts

Binding Arrangement. This Agreement is intended to constitute a purchase and sale agreement relating to the Shares and Options, the terms and conditions of which shall include the provisions of the Plan of Arrangement and subject to the Plan of Arrangement taking effect: (a) the execution of this Agreement by Agent will be deemed to be and to have always been an execution of such purchase and sale agreement on behalf of each Securityholder; and (b) each Securityholder will be deemed to be and to have always been a party to such purchase and sale agreement effective on and as of the date of this Agreement and, without limiting the generality of the foregoing, each such Securityholder shall be bound by the terms and conditions of this Section 2.9, Section 3.3 (Treatment of Options), Section 3.6 (Determination of Net Adjustment Amount), Article 11 (Indemnification), and Section 12.6 (Appointment of Agent) of this Agreement.