Broker Warrants. (i) The Corporation has all requisite corporate power and authority to issue the Broker Warrants and to enter into, execute and deliver and to carry out the obligations thereof under the Broker Warrant Certificates. All necessary corporate action has been taken by the Corporation to authorize the issue of the Broker Warrants in accordance with the terms and conditions hereof and, when issued, the Broker Warrants will be validly issued and to authorize the creation, execution, delivery and performance of the Broker Warrant Certificates and to observe and perform the provisions of the Broker Warrant Certificates in accordance with the provisions thereof including, without limitation, the issue of the Broker Shares for the consideration and upon the terms and conditions set forth in the Broker Warrant Certificates.
Broker Warrants. In addition to the commission payable to the Agents pursuant to subsection 7(a) hereof, as additional consideration for the services performed and to be performed by the Agents hereunder, the Corporation shall issue to the Agents, or as the Agents may otherwise direct, at the Closing Time Broker Warrants which entitle the holders thereof to acquire in the aggregate Common Shares equal in number to 6% of the number of Offered Securities sold, in form and substance satisfactory to the Agents.
Broker Warrants. Also at each Closing, the Company hereby agrees to deliver to the Placement Agents (or their designees), a warrant to purchase shares of the Issuer’s Common Stock equal to Eight Percent (8%) of the number of Securities sold in the Offering to investors introduced by them, which warrants shall have an initial exercise price of $5.00 per share of the Common Stock (“Brokers Warrants”) with a term of five (5) years from the date of each Closing of the Offering. To the extent permitted by applicable laws, all warrants shall permit unencumbered transfer to the Placement Agents’ employees and affiliates and the warrants may be issued directly to the Placement Agents’ employees and affiliates at the Placement Agents’ request. The Broker Cash Fee and the Broker Warrants are sometimes referred to collectively as the “Brokers Fees”.
Broker Warrants. In addition to the Agent’s Fee payable to the Agent pursuant to subsection 8(a) above, as additional consideration for the services performed and to be performed by the Agent hereunder, the Corporation shall issue to the Agent or as the Agent may otherwise direct at the Closing Time the Broker Warrants, in form and substance satisfactory to the Agent.
Broker Warrants. The Broker Warrants to be issued have been, or prior to the Closing Time will be, duly and validly authorized for issuance and created by the Corporation and, upon execution and delivery of the Warrant Indenture by the Corporation, the Broker Warrants will be validly issued.
Broker Warrants. Five (5) year warrants (the “Warrants”) for the purchase of an equity interest of the Company equal to two percent (2.0%) of the securities subject to the Transaction, including but not limited to securities issued, to be issued through exercise of a convertible instrument and/or exercisable warrants. These Warrants shall be exercisable at the per share price of securities sold in this Offering and shall contain price anti-dilution provisions. The shares underlying the Warrants will have standard demand registration and piggyback rights and a cashless exercise provision. All forms of compensation set forth in this section are due and payable to WestPark with respect to any completed transaction for the period from the Effective date of this Agreement through the end of the I 8th month following the termination date of this agreement, after giving effect to any and all extensions to this Agreement. All consideration payable to WestPark pursuant to the terms and conditions of this Agreement, are due and payable on or before its respective due date. WestPark, as an accommodation may present the Company with an invoice for such amounts due, however payment is not subject to the receipt of an invoice, this Agreement shall serve as the Company’s documentation for payment processing and remittances.
Broker Warrants. The Corporation will ensure that the Broker Warrants are duly and validly created, authorized and issued to the Agent. The Corporation will ensure that at all times prior to the expiry of the Broker Warrants, a sufficient number of Broker Warrant Shares are allotted and reserved for issuance upon the due exercise of the Broker Warrants and that, upon the due exercise of the Broker Warrants in accordance with the terms of the Broker Warrant Certificates (including payment of the exercise price therefor), the Broker Warrant Shares are duly and validly issued as fully paid and non- assessable Common Shares.
Broker Warrants. In addition to the Cash Fee, as additional consideration for the services performed and to be performed by the Agents hereunder, the Corporation shall issue to the Agents or as the Agents may otherwise direct at the Closing Time on the Closing Date the Broker Warrants, in form and substance satisfactory to the Agents, acting reasonably.
Broker Warrants. As additional compensation for the services to be rendered by the Underwriter in connection with the Offering, the Company shall issue to the Underwriter at the Time of Closing compensation warrants (the “Broker Warrants”) entitling the Underwriter to subscribe for such number of Common Shares as is equal to 3.0% of the total number of Offered Units sold pursuant to the Offering but excluding the Company Units and the Units sold to Glencore, for which the Company shall not issue any such Broker Warrants to the Underwriter. Each Broker Warrant shall be exercisable to acquire one Common Share at an exercise price equal to the greater of (i) US$0.75, and the lowest price permitted by the TSX, at any time for a period beginning on the date that is six months following the Closing Date and expiring at 5:00 p.m. (Toronto time) on the date that is 60 months following the Closing Date. The Company shall execute and deliver to the Underwriter at the Time of Closing a certificate evidencing the Broker Warrants (the “Broker Warrant Certificates”) to which the Underwriter is entitled in a form to be agreed upon by the Underwriter and the Company, acting reasonably. The Underwriter acknowledges and agrees that the Broker Warrants shall not be exercisable by or on behalf of a person in the United States or a U.S. Person and that the Broker Warrants and the Underlying Common Shares have not been and will not be registered under the U.S. Securities Act or under any state securities laws. Further, the Underwriter represents and warrants that (A) it is acquiring the Broker Warrants and Underlying Common Shares as principal for its own account and not for the benefit of any other person, (B) the Broker Warrants were not offered to the Underwriter in the United States, (C) the Underwriter is not U.S. Person, (D) the Underwriter is not acting for the account or benefit of a person in the United States or a U.S. Person and (E) the Underwriter did not execute or deliver this Agreement in the United States. The Underwriter agrees that it will not engage in any Directed Selling Efforts (as defined in Schedule “A”) with respect to any Underlying Common Shares, either in connection with the offering of the Offered Units and Marketed Units or during the Distribution Compliance Period (as defined in Schedule “A” hereto), and will not offer or sell any Broker Warrants or Underlying Common Shares in the United States unless in compliance with an exemption or an exclusion from the regist...
Broker Warrants. The Broker Warrants (and underlying securities) have been duly and validly authorized and:
