Common use of Competition Act Clause in Contracts

Competition Act. Assuming that the Effective Date is the date of this agreement, Acquireco together with its affiliates (as defined in the Competition Act (Canada)) do not have: (a) total assets in Canada that exceed Can$125 million, which for these purposes in respect of mineral royalties means royalties in mines in Canada; or (b) annual gross revenues from sales in, from or into Canada exceeding Can$125 million, in either case, as determined pursuant to section 109 of the Competition Act (Canada), provided that, for the purposes of clause (c) of Schedule D, the assumption that the Effective Date is the date of this agreement will not apply.

Competition Act. Assuming that the Effective Date is the date of this agreement, Acquireco Target together with its affiliates (as defined in the Competition Act (Canada)) do not have: (a) total assets in Canada that exceed Can$125 Can$275 million, which for these purposes in respect of mineral royalties means royalties in mines in Canada; or (b) annual gross revenues from sales in, from or into Canada exceeding Can$125 Can$275 million, in either case, as determined pursuant to section 109 of the Competition Act (Canada), provided that, for the purposes of clause (cb) of Schedule DE, the assumption that the Effective Closing Date is the date of this agreement Agreement will not apply.

Competition Act. Assuming that the Effective Date is the date of this agreementAgreement, Acquireco Company together with its affiliates (as defined in the Competition Act (Canada)Act) do not have: (ai) total assets in Canada that exceed Can$125 CAN$295 million, which for these purposes in respect of mineral royalties means royalties in mines in Canada; or (bii) annual gross revenues from sales in, from or into Canada exceeding Can$125 CAN$131 million, in either case, all as determined pursuant to section 109 in accordance with Part IX of the Competition Act (Canada)and the Notifiable Transactions Regulations thereunder, provided that, for the purposes of clause Section (cb) of Schedule D, the assumption that the Effective Date is the date of this agreement Agreement will not apply.

Competition Act. Assuming that the Effective Date is the date of this agreementAgreement, Acquireco Buyer together with its affiliates (as defined in the Competition Act (Canada)Act) do not have: (ai) total assets in Canada that exceed Can$125 CAN$105 million, which for these purposes in respect of mineral royalties means royalties in mines in Canada; or (bii) annual gross revenues from sales in, from or into Canada exceeding Can$125 CAN $269 million, in either case, all as determined pursuant to section 109 in accordance with Part IX of the Competition Act (Canada)and the Notifiable Transactions Regulations thereunder, provided that, for the purposes of clause Section (c) of Schedule DC, the assumption that the Effective Date is the date of this agreement Agreement will not apply.