Common use of Change of Rights Agent Clause in Contracts

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) to the Corporation, to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 5 contracts

Samples: Shareholder Rights Plan Agreement (Gsi Lumonics Inc), Shareholder Rights Plan Agreement (Corel Corp), Shareholder Rights Plan Agreement (Gsi Lumonics Inc)

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Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent Agent, then the resigning Rights Agent, at the expense of the Corporation, or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon the receipt of any all outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 5 contracts

Samples: Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Descartes Systems Group Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving agreement upon 60 days' prior written notice in writing (or such lesser notice as is acceptable to the Corporation) mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail, and to the holders of the Rights, all Rights in accordance with Section 5.9 and section 6.8, all of which will be at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shallholder, with such notice, must submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowing by the Corporation to the predecessor Rights Agent pursuant to this agreement, shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 5 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent Agent, at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any all outstanding fees and expenses then owingowing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and 5.8 at the expense of the Corporation's expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders Holders of the Rights in accordance with Section 5.95.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holderHolder's Rights Certificate for inspection of by the Corporation), then the holder outgoing Rights Agent or Holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingexpenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Keegan Resources Inc.), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Nevsun Resources LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' upon 90 days prior written notice (or such lesser notice as is acceptable to the Corporation) mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9section 6.8. The Corporation may remove the Rights Agent upon 30 days prior written notice, mailed to the Rights Agent and to each transfer agent of the Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then by prior written notice to the Corporation, the Rights Agent (at the Corporation’s expense, which expenses must be reasonable in the circumstances) or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation Corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company Corporation in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Theratechnologies Inc.), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Theratechnologies Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Dirtt Environmental Solutions LTD), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Dirtt Environmental Solutions LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 30 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then the resigning Rights Agent or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Pembina Pipeline Corp), Shareholder Rights Plan Agreement (Pembina Pipeline Corp), Shareholder Rights Plan Agreement (Pembina Pipeline Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving upon 30 days' prior written days notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation's expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationXxxx Xxxxxx) in writing mailed to the Corporation, Xxxx Xxxxxx and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation Xxxx Xxxxxx may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Xxxx Xxxxxx will appoint a successor to the Rights Agent. If the Corporation Xxxx Xxxxxx fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to Xxxx Xxxxxx the resigning or incapacitated Rights Agent (at Xxxx Xxxxxx’x expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of the Corporationby Xxxx Xxxxxx), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Xxxx Xxxxxx or by such a court, must shall be a corporation incorporated company constituted under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon the receipt of any all outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Xxxx Xxxxxx will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. The cost of giving any notice required under this Section 4.4 shall be borne solely by Xxxx Xxxxxx. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Norbord Inc.), Shareholder Rights Plan Agreement (West Fraser Timber Co., LTD), Shareholder Rights Plan Agreement (West Fraser Timber Co., LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent at the Corporation’s expense or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt following payment of any all outstanding fees and expenses then owingowed to it under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Caledonia Mining Corp), Shareholder Rights Plan Agreement (North American Energy Partners Inc.), Shareholder Rights Plan Agreement (Caledonia Mining Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) thereof to the Corporation, to each transfer agent of Common the Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice thereof to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Gildan Activewear Inc.), Shareholder Rights Plan Agreement (Gildan Activewear Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and 5.7 at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders Holders of the Rights in accordance with Section 5.95.7. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder's Holder’s Rights Certificate for inspection of by the Corporation), then the holder resigning Rights Agent or the Holder of any Rights or the Rights Agent Rights, may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent Agent, at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation company incorporated under the laws of the United States or a state thereof or a company incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company rights agent in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingexpenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Tanzanian Gold Corp), Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the CorporationTrust) in writing mailed to the Corporation, Trust and to each transfer agent of Common Shares and to the holders of the RightsUnits by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the Trust’s expense. The Trust may remove the Rights Agent upon 60 days notice in writing, mailed to the Rights Agent and to each transfer agent of the Units by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the Trust’s expense. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Trust will appoint a successor to the Rights Agent. If the Corporation Trust fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the CorporationTrust), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's Trust’s expense. Any successor Rights Agent, whether appointed by the Corporation Trust or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariocompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Trust to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Trust will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Unitholders Rights Plan Agreement, Unitholders Rights Plan Agreement, Unitholders Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and CDS and to each transfer agent of Common Shares by first class mail, and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and mailed or delivered to the holders of the Rights in accordance with Section 5.95.9 hereof. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Shares by first class mail, and mailed to the holders of the Rights in accordance with Section 5.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the holder of any Rights or may apply, at the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agentrights agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company required in order for such successor rights agent to fulfill its obligations under this Agreement in the Province of Ontario. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, Agent upon receipt of any outstanding all fees and expenses then owing, outstanding to the predecessor Rights Agent by the Corporation shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) thereof to the Corporation, to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice thereof to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of the Corporation), then then, subject to prior written notice to the Corporation, the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuebec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Aeterna Zentaris Inc.), Shareholder Rights Plan Agreement (Aeterna Zentaris Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent Agent, then the resigning Rights Agent, at the expense of the Corporation, or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon the receipt of any all outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Aurizon Mines LTD), Shareholder Rights Plan Agreement (Nexen Inc), Shareholder Rights Plan Agreement (Aurizon Mines LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) to the Corporation, to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on out the business duties of a trust company the Rights Agent specified in this Agreement in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent Agent, upon payment of any outstanding fee, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Metallica Resources Inc), Shareholder Rights Plan Agreement (Altair International Inc), Shareholder Rights Plan Agreement (Altair International Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' days prior written notice (or such lesser notice as is acceptable to the Corporation) to the Corporation, to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' days prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owingreceiving all amounts owing to it hereunder (unless otherwise agreed by the Rights Agent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Southwestern Resources Corp), Shareholder Rights Plan Agreement (Southwestern Resources Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.10, all of which will be at the Corporation’s expense. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10, all of which will be at the Corporation’s expense. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shallRights, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the resigning Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent Agent, in the case of an application by the resigning Rights Agent, at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must will be a corporation incorporated under the laws of Canada or a province thereof and of Canada authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent will, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunderunder this Agreement, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof of the appointment in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof of that appointment in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect thereinin that notice, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be. For greater certainty, any notice required to be sent pursuant to this Agreement to holders of the Rights by the Rights Agent after its resignation or removal shall be at the expense of the Corporation.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Primo Water Corp /CN/), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon sixty (60) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the RightsCorporation by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Protection Rights Plan Agreement (Tournigan Gold Corp), Shareholder Protection Rights Plan Agreement (Tournigan Gold Corp), Shareholder Protection Rights Plan Agreement (Tournigan Energy Ltd.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and 5.7 at the expense of the Corporation's expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders Holders of the Rights in accordance with Section 5.95.7. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holderHolder's Rights Certificate for inspection of by the Corporation), then the holder outgoing Rights Agent or Holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in each of the Province provinces and territories of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingexpenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Americas Silver Corp), Shareholder Rights Plan Agreement (Americas Silver Corp), Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationPartnership) in writing mailed to the Corporation, Partnership and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the CorporationUnits by registered or certified mail. The Corporation Partnership may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Partnership will appoint a successor to the Rights Agent. If the Corporation Partnership fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Partnership the resigning Rights Agent at the Partnership’s expense or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the CorporationPartnership), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Partnership or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province province of OntarioBritish Colombia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt following payment of any all outstanding fees and expenses then owingowed to it under this agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Partnership will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Rights Plan Agreement, Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written days notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by personal delivery, registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Alamos Gold Inc), Shareholder Rights Plan Agreement (AuRico Gold Inc.), Shareholder Rights Plan Agreement (Gammon Gold Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 30 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all by registered or certified mail in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights by registered or certified mail in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Right Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent (at the Corporation's expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariocompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment of any its outstanding fees and expenses then owing, the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon sixty (60) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares registered or certified mail and to the holders of the Rights in accordance with Section 5.95.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation Corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Great Panther Resources LTD), Shareholder Rights Plan Agreement (Great Panther Resources LTD), Shareholder Rights Plan Agreement (Great Panther Silver LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon sixty (60) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the RightsCorporation by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Inter-Citic Minerals Inc.), Shareholder Rights Plan Agreement (Novagold Resources Inc), Shareholder Rights Plan Agreement (Novagold Resources Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (International Absorbents Inc), Shareholder Rights Plan Agreement (International Absorbents Inc), Shareholder Rights Plan Agreement (International Absorbents Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' upon 90 days prior written notice (or such lesser notice as is acceptable to the Corporation) mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9section 6.8. The Corporation may remove the Rights Agent upon 30 days prior written notice, mailed to the Rights Agent and to each transfer agent of the Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then by prior written notice to the Corporation, the Rights Agent (at the Corporation’s expense, which expenses must be reasonable in the circumstances) or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation, Company and to each the transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to (if different than the Rights Agent) by registered or certified mail, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.10, all of which shall be at the expense of the Company . The Company may remove the Rights Agent upon 30 days' notice in writing, mailed to the Rights Agent and to the transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Company's expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of by the CorporationCompany), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, must shall be a corporation Company incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuebec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any and all outstanding fees and expenses then owingamounts owing pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Cambior Inc), Shareholder Rights Plan Agreement (Clifton Star Resources Inc.), Shareholder Rights Plan Agreement (Cambior Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent Agent, then the resigning Rights Agent, at the expense of the Corporation, or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon the receipt of any all outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 3 contracts

Samples: Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice in writing (or such lesser notice as is acceptable to the CorporationREIT) mailed to the Corporation, REIT and to each transfer agent of Common Shares and to the holders of the RightsUnits by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9section 6.8. The REIT may remove the Rights Agent upon 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Units by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation REIT will appoint a successor to the Rights Agent. If the Corporation REIT fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the CorporationREIT), then the resigning Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's REIT’s expense. Any successor Rights Agent, whether appointed by the Corporation REIT or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the REIT payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation REIT will file notice thereof in writing with the predecessor Rights Agent and Agent, each transfer agent of the Common Shares Units, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. The cost of giving any notice required under this section 5.4 shall be borne solely by the REIT. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 90 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby first class or registered mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed or delivered to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by first class or registered mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's the Rights Certificate of such holder for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation trust company incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company as principal or through an agent in the Province Provinces of OntarioOntario and British Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but provided that the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Canarc Resource Corp), Shareholder Rights Plan Agreement (Polymet Mining Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationCanadian Superior) in writing mailed to the Corporation, Canadian Superior and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation Canadian Superior may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Canadian Superior will appoint a successor to the Rights Agent. If the Corporation Canadian Superior fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or Agent, then by prior written notice to Canadian Superior the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of the Corporationby Canadian Superior), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Canadian Superior or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Canadian Superior will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Canadian Superior Energy Inc), Shareholder Rights Plan Agreement (Canadian Superior Energy Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the CorporationTrust) in writing mailed to the Corporation, Trust and to each transfer agent of Common Shares and to the holders of the RightsVoting Units by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the Trust’s expense. The Trust may remove the Rights Agent upon 60 days notice in writing, mailed to the Rights Agent and to each transfer agent of the Units by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the expense of the Trust. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Trust will appoint a successor to the Rights Agent. If the Corporation Trust fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the CorporationTrust), then the holder of any Rights or the resigning Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's Trust’s expense. Any successor Rights Agent, whether appointed by the Corporation Trust or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariocompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Trust to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Trust will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Rights Plan Agreement, Unitholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 90 days' prior written notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation, Company and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.11. The Company may remove the Rights Agent upon 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the CorporationCompany), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioSaskatchewan. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Voting Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.44.04, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Agreement (Ipsco Inc), Shareholder Rights Agreement (Ipsco Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 90 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariocompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment of any its outstanding fees and expenses then owing, the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the that purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Mdsi Mobile Data Solutions Inc /Can/), Shareholder Rights Plan Agreement (Mdsi Mobile Data Solutions Inc /Can/)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice in writing (or such lesser notice as is acceptable to the Corporation) mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9section 6.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Shares by personal delivery or by registered or certified mail, and to the holders of the Rights in accordance with section 6.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction at the expense of the Corporation for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt reimbursement of any outstanding fees and expenses then owingowing by the Corporation to the predecessor Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Goldcorp Inc), Shareholder Rights Plan Agreement (Goldcorp Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon sixty (60) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the RightsCorporation by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.11 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.11 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Protection Rights Plan Agreement, Protection Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation's expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving agreement upon 60 days' prior written notice in writing (or such lesser notice as is acceptable to the Corporation) mailed to the Corporation, Corporation and to each transfer agent of Common Shares by first class mail, and to the holders of the Rights, all Rights in accordance with Section 5.9 and section 6.8, all of which will be at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by first class mail, and to the holders of the Rights in accordance with Section 5.9section 6.8 at the expense of the Corporation. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowing by the Corporation to the predecessor Rights Agent pursuant to this agreement, shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (TLC Vision Corp), Shareholder Rights Plan Agreement (TLC Vision Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Voting Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, given to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.95.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such noticenotice if given after the Separation Time, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any and all outstanding fees and expenses then owingamounts owing to it pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Protection Rights Agreement (Nordion Inc.), Shareholder Protection Rights Agreement (MDS Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationTrust) in writing mailed to the Corporation, Trust and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the CorporationUnits by registered or certified mail. The Corporation Trust may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Trust will appoint a successor to the Rights Agent. If the Corporation Trust fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Trust, the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the CorporationTrust), then the holder of any Rights or the Rights Agent may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent Agent, at the CorporationTrust's expense. Any successor Rights Agent, whether appointed by the Corporation Trust or by such a court, must shall be a corporation incorporated company constituted under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any all outstanding fees and expenses then owingowing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Trust will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Unitholder Rights Plan Agreement (Fording Canadian Coal Trust), Unitholder Rights Plan Agreement (Fording Canadian Coal Trust)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Voting Shares (if different than the Rights Agent) by registered or certified mail, and to the holders of the Rights, all Rights in accordance with Section 5.9 and 5.10, all of which shall be at the expense of the Corporation. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.95.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any and all outstanding fees and expenses then owingamounts owing pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/), Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationREIT) in writing mailed to the Corporation, REIT and to each the transfer agent of Common Shares Units by registered or certified mail, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the CorporationREIT’s expense. The Corporation REIT may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares Units by registered or certified mail, and to the holders Holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation REIT will appoint a successor to the Rights Agent. If the Corporation REIT fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder's Holder’s Rights Certificate for inspection of by the CorporationREIT), then the holder outgoing Rights Agent or Holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's REIT’s expense. Any successor Rights Agent, whether appointed by the Corporation REIT or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the REIT to the predecessor Rights Agent of any all outstanding fees and expenses then owingowed by the REIT to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation REIT will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Units, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Wi-Lan Inc.), Shareholder Rights Plan Agreement

Change of Rights Agent. 4.4 The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the RightsCorporation by registered or letter mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9§5.8 hereof (all of which will be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or letter mail and to the holders of the Rights in accordance with §5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shallwill, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must will be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. The cost of giving any notice required under this §4.4 will be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, §4.4 however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement, Benton Resources

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by personal delivery, registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Alamos Gold Inc), Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationEIFH) in writing mailed to the Corporation, EIFH and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation EIFH may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation EIFH will appoint a successor to the Rights Agent. If the Corporation EIFH fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to EIFH the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of the Corporationby EIFH), then at the holder expense of any Rights or the Rights Agent EIFH, may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation EIFH or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by EIFH to the predecessor Rights Agent of any all the outstanding fees and expenses then owingowed by EIFH to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation EIFH will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing, mailed by registered or certified mail or transmitted by facsimile to the Corporation, Corporation and to each the transfer agent of Common Shares Shares, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and section 5.8 at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed by registered or certified mail or transmitted by facsimile to the Rights Agent, Agent and to each the transfer agent of the Common Shares Shares, and to the holders Holders of the Rights in accordance with Section 5.9section 5.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder's Holder’s Rights Certificate for inspection of by the Corporation), then the holder outgoing Rights Agent or Holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in each of the Province provinces and territories of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingexpenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Extorre Gold Mines LTD), Shareholder Rights Plan Agreement (Platinum Group Metals LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 90 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Shares by registered or certified mail, and to the holders of the Rights in accordance with section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Protection Rights Plan Agreement (AnorMED Inc.), Shareholder Protection Rights Plan Agreement (AnorMED Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 30 days' prior written notice (or such lesser notice as is acceptable to the CorporationFund) in writing mailed to the Corporation, Fund and to each transfer agent of Common Shares and to the holders of the RightsTrust Units by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Fund may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to the transfer agent of the Trust Units (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Fund will appoint a successor to the Rights Agent. If the Corporation Fund fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then the resigning Rights Agent or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the CorporationFund's expense. Any successor Rights Agent, whether appointed by the Corporation Fund or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment of any all of its outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Fund will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Trust Units, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Unitholder Rights Plan Agreement (Enerplus Resources Fund), Unitholder Rights Plan Agreement (Enerplus Resources Fund)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then the resigning Rights Agent or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunderhereunder upon payment of its outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent under this Agreement, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Suncor Energy Inc), Shareholder Rights Plan Agreement (Suncor Energy Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 30 days' prior written notice (or such lesser notice as is acceptable to the CorporationVeresen) in writing mailed to the Corporation, Veresen and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.8. Veresen may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Veresen will appoint a successor to the Rights Agent. If the Corporation Veresen fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then the resigning Rights Agent (at Veresen's expense) or by the any holder of any Rights (which holder shall, with such notice, of Rights shall also submit such holder's his Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent by Veresen) may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Veresen or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Veresen will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationREIT) in writing mailed to the Corporation, REIT and to each the transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the CorporationUnits. The Corporation REIT may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights AgentAgent by registered or certified mail, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation REIT will appoint a successor to the Rights Agent. If the Corporation REIT fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the REIT’s expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the CorporationREIT), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation REIT or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any and all outstanding fees and expenses then owingowing pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any rights, entitlements or any other property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation REIT will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Units, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.44.04, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Unitholder Rights Agreement, Unitholder Rights Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Voting Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning or Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated company constituted under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (World Color Press Inc.), Shareholder Rights Plan Agreement (World Color Press Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 30 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Right Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariocompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment of any its outstanding fees and expenses then owing, the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholders Rights Plan Agreement (Birch Mountain Resources LTD), Shareholders Rights Plan Agreement (Centurion Energy Internatonal Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving agreement upon 60 days' prior written notice in writing (or such lesser notice as is acceptable to the Corporation) mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shallholder, with such notice, must submit such holder's Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company transfer agent in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowing by the Corporation to the predecessor Rights Agent pursuant to this agreement, shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Royal Standard Minerals Inc), Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation, Company and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the Company’s expense. The Company may remove the Rights Agent upon 60 days notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the Company’s expense. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the CorporationCompany), then the holder of any Rights or the resigning Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's Company’s expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, must shall be a corporation company incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariobusiness. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Company to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareowner Rights Plan Agreement (Cott Corp /Cn/), Shareowner Rights Plan Agreement (Cott Corp /Cn/)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 30 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all by registered or certified mail in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights by registered or certified mail in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent (at the Corporation's expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariocompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment of any its outstanding fees and expenses then owing, the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Protection Rights Plan Agreement (Transglobe Energy Corp), Shareholder Protection Rights Plan Agreement (Transglobe Energy Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as contemplated by Section 5.20 in the circumstances described therein, or as is acceptable to the CorporationCrosshair) in writing mailed to the Corporation, Crosshair and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation Crosshair may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Crosshair will appoint a successor to the Rights Agent. If the Corporation Crosshair fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to Crosshair the resigning Rights Agent (at Crosshair’ expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of the Corporationby Crosshair), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Crosshair or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Crosshair will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Crosshair Exploration & Mining Corp), Shareholder Rights Plan Agreement (Crosshair Exploration & Mining Corp)

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Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' days prior written notice (or such lesser notice as is acceptable to the Corporation) to the Corporation, to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 5.11 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' days prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company rights agent in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 90 days' prior written notice (or such lesser notice as is acceptable to the CorporationCompany) in writing delivered or mailed to the Corporation, Company and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation Company may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariocompany. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment of any its outstanding fees and expenses then owing, the predecessor Rights Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the that purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a give notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Rubicon Minerals Corp), Shareholder Rights Plan Agreement (Rubicon Minerals Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent Agent, then the resigning Rights Agent, at the expense of the Corporation, or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon the receipt of any all outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Skeena Resources LTD), Shareholder Rights Plan Agreement (Skeena Resources LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent Agent, then the resigning Rights Agent, at the expense of the Corporation, or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon the receipt of any all outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Nexen Inc), Shareholder Rights Plan Agreement (Nexen Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares by first class mail, and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and mailed or delivered to the holders of the Rights in accordance with Section 5.95.9 hereof. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Shares by first class mail, and mailed to the holders of the Rights in accordance with Section 5.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the holder of any Rights or may apply, at the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation body corporate incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, Agent upon receipt of any outstanding all fees and expenses then owing, outstanding to the predecessor Rights Agent by the Corporation shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (NexGen Energy Ltd.), Shareholder Rights Plan Agreement (NexGen Energy Ltd.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationPartnership) in writing mailed to the Corporation, Partnership and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the CorporationUnits by registered or certified mail. The Corporation Partnership may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Partnership will appoint a successor to the Rights Agent. If the Corporation Partnership fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Partnership the resigning Rights Agent at the Partnership’s expense or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the CorporationPartnership), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Partnership or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province province of OntarioBritish Colombia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt following payment of any all outstanding fees and expenses then owingowed to it under this agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Partnership will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 60 days' notice in writing given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then the resigning Rights Agent or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment of any all of its outstanding fees and expenses then owingexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (ENERPLUS Corp), Shareholder Rights Plan Agreement (ENERPLUS Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 90 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all by registered or certified mail in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Aspreva Pharmaceuticals CORP), Shareholder Rights Plan Agreement (QLT Inc/Bc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon sixty (60) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the RightsCorporation by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Protection Rights Plan Agreement (Cae Inc), Shareholder Protection Rights Plan Agreement (Cae Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares by first class mail, and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and mailed or delivered to the holders of the Rights in accordance with Section 5.95.9 hereof. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Common Shares by first class mail, and mailed to the holders of the Rights in accordance with Section 5.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or may apply, at the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation body corporate incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding all fees and expenses then owingoutstanding to the predecessor Rights Agent by the Corporation, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be. Following the resignation of the Rights Agent and until the appointment of a successor Rights Agent, the Corporation shall be entitled to act in the capacity of the Rights Agent under this Agreement.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Atna Resources LTD), Shareholder Rights Plan Agreement (Atna Resources LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation, the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent Agent, at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province Provinces of Alberta and Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any all outstanding fees and expenses then owingowing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Advantage Oil & Gas Ltd.), Shareholder Rights Plan Agreement (Advantage Oil & Gas Ltd.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) to the Corporation, to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 5.11 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or 60 days after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of the Corporation), then the Rights Agent (at the Corporation’s expense) or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company rights agent in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.95.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Silver Standard Resources Inc), Shareholder Rights Plan Agreement (SSR Mining Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' days prior written notice (or such lesser notice as is acceptable to the Corporation) to the Corporation, to each transfer agent of Common Voting Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' days prior written notice to the Rights Agent, to each the transfer agent of the Common Voting Shares and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owingreceiving all amounts owing to it hereunder (unless otherwise agreed by the Rights Agent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (ImmunoPrecise Antibodies Ltd.), Shareholder Rights Plan Agreement (Aurora Cannabis Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9, all of which will be at the Corporation’s expense. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9, all of which will be at the Corporation’s expense. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shallRights, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the resigning Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent Agent, in the case of an application by the resigning Rights Agent, at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must will be a corporation incorporated under the laws of Canada or a province thereof and of Canada authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent will, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunderunder this Agreement, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof of the appointment in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof of that appointment in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect thereinin that notice, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be. For greater certainty, any notice required to be sent pursuant to this Agreement to holders of the Rights by the Rights Agent after its resignation or removal shall be at the expense of the Corporation.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Cott Corp /Cn/), Shareholder Rights Plan Agreement (Hudbay Minerals Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to each transfer agent of the Common Shares by personal delivery, or registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (ATS Corp /ATS), Shareholder Rights Plan Agreement (ATS Corp /ATS)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and 5.8 at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders Holders of the Rights in accordance with Section 5.95.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder's Holder’s Rights Certificate for inspection of by the Corporation), then the holder outgoing Rights Agent or Holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingexpenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Pretium Resources Inc.), Shareholder Rights Plan Agreement (Pretium Resources Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationREIT) in writing mailed to the Corporation, REIT and to each the transfer agent of Common Shares Units by registered or certified mail, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the CorporationREIT’s expense. The Corporation REIT may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares Units by registered or certified mail, and to the holders Holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation REIT will appoint a successor to the Rights Agent. If the Corporation REIT fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder's Xxxxxx’s Rights Certificate for inspection of by the CorporationREIT), then the holder outgoing Rights Agent or Holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's REIT’s expense. Any successor Rights Agent, whether appointed by the Corporation REIT or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the REIT to the predecessor Rights Agent of any all outstanding fees and expenses then owingowed by the REIT to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation REIT will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Units, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 2 contracts

Samples: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent Agent, at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any all outstanding fees and expenses then owingowing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further Table of Contents assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Cenovus Energy Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each the transfer agent of Common Shares by registered or certified mail, and to the holders Holders of the Rights, all Rights in accordance with Section 5.9 and 5.8 at the expense of the Corporation’s expense. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights Holders in accordance with Section 5.95.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder Holder of any Rights (which holder Holder shall, with such notice, submit such holder's Holder’s Rights Certificate for inspection of by the SHAREHOLDER RIGHTS PLAN AGREEMENT Corporation), then the holder outgoing Rights Agent or a Holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in each of the Province provinces and territories of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingexpenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail or cause to be mailed a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Holders. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Crystallex International Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice in writing (or such lesser notice as is acceptable to the Corporation) mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9section 6.8. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Shares by personal delivery or by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction at the expense of the Corporation for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt reimbursement of any outstanding fees and expenses then owingowing by the Corporation to the predecessor Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Arrangement Agreement (Goldcorp Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then the resigning Rights Agent or by the any holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunderhereunder upon payment of its outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent under this Agreement, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Sierra Wireless Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 90 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, court must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be is vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section section 5.9. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall does not affect the legality or validity validly of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Rights Agreement (Golden Star Resources LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 days' days prior written notice (or such lesser notice as is acceptable to the Corporation) to the Corporation, to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' days prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Northgate Exploration LTD)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Transcanada Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon 30 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving upon 30 days' prior written notice in writing, given to the Rights Agent, Agent and to each the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.95.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such noticenotice if given after the Separation Time, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the resigning Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Agrium Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the CorporationClause 5.9. The Corporation may remove the Rights Agent by giving upon 30 days' prior written days notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section Clause 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation's expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section Clause 5.9. Failure to give any notice provided for in this Section Clause 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Vermilion Energy Inc.)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered or certified mail and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving 30 days' prior written upon 3060 days notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 3060 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation's expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon at least sixty (60) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares and to the holders of the Rightsby registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's ’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt receiving from the Corporation payment in full of any all amounts outstanding fees and expenses then owingunder this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationNOVA) in writing mailed to the Corporation, NOVA and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation NOVA may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation NOVA will appoint a successor to the Rights Agent. If the Corporation NOVA fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to NOVA the resigning Rights Agent (at NOVA's expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of the Corporationby NOVA), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation NOVA or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation NOVA will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Nova Chemicals Corp /New)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as contemplated by section 5.20 in the circumstances described therein or as is acceptable to the CorporationCanplats) in writing mailed to the Corporation, Canplats and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail or sent by facsimile. The Corporation Canplats may remove the Rights Agent by giving upon 30 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail or sent by facsimile. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Canplats will appoint a successor to the Rights Agent. If the Corporation Canplats fails to make such appointment within a period of 30 days after such removal or 60 days after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to Canplats the resigning Rights Agent (at Canplats’ expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of the Corporationby Canplats), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Canplats or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia and to act as Rights Agent. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Canplats will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section section 5.9. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Canplats Resources Corp)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon ninety (90) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares Shares, by registered or certified mail, and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation5.9. The Corporation may remove the Rights Agent by giving 30 upon thirty (30) days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 thirty (30) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must court shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the that purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, therein shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Api Electronics Group Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationMeridian) in writing mailed to the Corporation, Meridian and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation Meridian may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Meridian will appoint a successor to the Rights Agent. If the Corporation Meridian fails to make such appointment by the date on which the 60-day notice period expires for the resignation of the Rights Agent or within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the incapacitated Rights Agent, then by prior written notice to Meridian the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of the Corporationby Meridian), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation Meridian or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Meridian will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to to. the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect thereinin such notice, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Meridian Gold Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving 60 upon ninety (90) days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Voting Shares and to the holders of the RightsCorporation by registered or certified mail, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.95.8 hereof. The Corporation may remove the Rights Agent upon thirty (30) days' notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, . the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Voting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights in accordance with Rights. The cost of giving any notice required under this Section 5.94.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Royal Oak Mines Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationNOVA) in writing mailed to the Corporation, NOVA and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation NOVA may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation NOVA will appoint a successor to the Rights Agent. If the Corporation NOVA fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to NOVA the resigning Rights Agent (at NOVA’s expense) or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of the Corporationby NOVA), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation NOVA or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any outstanding fees and expenses then owing, Agent shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation NOVA will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan (Nova Chemicals Corp /New)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the CorporationFund) in writing mailed to the Corporation, Fund and to each transfer agent of Common Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the CorporationUnits by registered or certified mail. The Corporation Fund may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares and to the holders of the Rights in accordance with Section 5.9Units by registered or certified mail. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Fund will appoint a successor to the Rights Agent. If the Corporation Fund fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Fund, the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's Rights Certificate Certificate, if any, for inspection of by the CorporationFund), then the holder of any Rights or the Rights Agent may apply to any a court of competent jurisdiction for the appointment of a new Rights Agent Agent, at the CorporationFund's expense. Any successor Rights Agent, whether appointed by the Corporation Fund or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any all outstanding fees and expenses then owingowing to it, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Fund will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Units and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Unitholder Rights Plan Agreement (Advantage Energy Income Fund)

Change of Rights Agent. The Rights Agent or any successor Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of the Common Shares and to Stock by registered or certified mail, in the holders event that the transfer agent is a Person other than the Rights Agent or one of the Rights, all in accordance with Section 5.9 and at the expense of the CorporationRights Agent's affiliates. The Corporation may remove the Rights Agent by giving 30 or any successor Rights Agent upon 60 days' prior written notice in writing, mailed to the Rights Agent or successor Rights Agent, as the case may be, and to each transfer agent of the Common Shares Stock by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9Certificates by first-class mail. If the Rights Agent should shall resign or be removed or shall otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails shall fail to make such appointment within a period of 30 60 days after giving notice of such removal or within 60 days after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any a Rights Certificate (which holder shall, with such notice, submit such holder's Rights Certificate for inspection of by the Corporation), then the registered holder of any Rights or the Rights Agent Certificate may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated or other entity organized and doing business under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt following payment of any all outstanding fees and expenses then owingowed to it under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Stock and mail a notice thereof in writing to the registered holders of the Rights in accordance with Section 5.9Certificates. Failure to give any notice provided for in this Section 4.420, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Tax Benefit Preservation Plan Agreement (Kingsway Financial Services Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each the transfer agent of Common Voting Shares and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporationby registered or certified mail. The Corporation may remove the Rights Agent by giving 30 upon 60 days' prior written notice in writing, given to the Rights Agent, Agent and to each the transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.95.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation's expense) or by the holder of any Rights (which holder shall, with such noticenotice if given after the Separation Time, submit such holder's Rights Certificate for inspection of by the Corporation), then the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenseAgent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt of any and all outstanding fees and expenses then owingamounts owing to it pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each the transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Protection Rights Agreement (MDS Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation, Corporation and to each transfer agent of Common Shares by registered mail, and to the holders of the Rights, all Rights in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving upon 30 days' prior written days notice in writing, mailed to the Rights Agent, Agent and to each transfer agent of the Common Shares by regular mail and to the holders of the Rights in accordance with Section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate Certificate, if any, for inspection of by the Corporation), then may apply, at the holder of any Rights or the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expenserights agent. Any successor Rights Agentrights agent, whether appointed by the Corporation or by such a court, must shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent rights agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent rights agent without further act or deed; but the predecessor Rights AgentAgent shall, upon receipt payment in full of any outstanding fees and expenses then owingamounts owing by the Corporation to the Rights Agent under this Agreement, shall deliver and transfer to the successor Rights Agent rights agent, upon receipt of all outstanding fees and expenses owing, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agentrights agent, as the case may be.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Dragonwave Inc)

Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement by giving upon 60 days' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation, Corporation and to each transfer agent of Common Shares by first class mail, and to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent by giving 30 days' prior written notice to the Rights Agent, to each transfer agent of the Common Shares and mailed or delivered to the holders of the Rights in accordance with Section 5.95.8 hereof. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Shares by first class mail, and mailed to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent or by the holder of any Rights (which holder shall, with such notice, submit such holder's ’s Rights Certificate for inspection of by the Corporation), then the outgoing Rights Agent or holder of any Rights or may apply, at the Rights Agent may apply Corporation’s expense, to any court of competent jurisdiction for the appointment of a new Rights Agent at the Corporation's expense. Agent, Any successor Rights Agent, whether appointed by the Corporation or by such a court, must shall be a corporation body corporate incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receipt payment by the Corporation to the predecessor Rights Agent of any all outstanding fees and expenses then owingowed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and each transfer agent of the Common Shares Shares, and mail a notice thereof in writing to the holders of the Rights in accordance with Section 5.9Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.

Appears in 1 contract

Samples: Rights Agreement

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