Common use of Exchange Option Clause in Contracts

Exchange Option. (a) In the event that the Board of Directors determines that conditions exist which would eliminate or otherwise materially diminish in any respect the benefits intended to be afforded to the holders of Rights pursuant to this Agreement, the Board of Directors may, at its option and without seeking the approval of the holders of Common Shares or Rights, at any time after a Flip-in Event has occurred, authorize the Corporation to issue or deliver in respect of each Right which is not void pursuant to Subsection 3.1(b), either:

Appears in 2 contracts

Samples: Shareholder Protection Rights Agreement (Salix Pharmaceuticals LTD), Shareholder Protection Rights Agreement (Salix Pharmaceuticals LTD)

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Exchange Option. (a) In the event that a. If the Board of Directors determines acting in good faith shall determine that conditions exist which would eliminate or otherwise materially diminish in any respect the benefits intended to be afforded to the holders of Rights pursuant to this Agreement, Agreement the Board of Directors may, at its option and without seeking the approval of the holders of Common Shares or Rights, at any time after a Flip-in Event has occurred, authorize the Corporation to issue or deliver in respect of each Right which is not void pursuant to Subsection subsection 3.1(b), either:

Appears in 1 contract

Samples: Shareholders Rights Plan Agreement (Birch Mountain Resources LTD)

Exchange Option. (a) In the event that If the Board of Directors determines that conditions exist which would eliminate or otherwise materially diminish in any respect the benefits intended to be afforded to the holders of Rights pursuant to this Agreement, the Board of Directors may, at its option and without seeking the approval of the holders of Common Shares or Rights, at any time after a Flip-in Event has occurred, authorize the Corporation to issue or deliver in respect of each Right which is not void pursuant to Subsection 3.1(b), either:

Appears in 1 contract

Samples: Shareholder Rights Agreement (Dura Products International Inc)

Exchange Option. (a) In the event that the Board of Directors determines that conditions exist which would eliminate or otherwise materially diminish in any respect the benefits intended to be afforded to the holders of Rights pursuant to this Agreement, the Board of Directors may, at its option and without seeking the approval of the holders of Common Shares Units or Rights, at any time after a Flip-in Event has occurred, authorize the Corporation Fund to issue or deliver in respect of each Right which is not void pursuant to Subsection 3.1(b), either:

Appears in 1 contract

Samples: Unitholder Protection Rights Agreement (Strategic Energy Fund)

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Exchange Option. (a) In the event that If the Board of Directors determines acting in good faith shall determine that conditions exist which would eliminate or otherwise materially diminish in any respect the benefits intended to be afforded to the holders of Rights pursuant to this Agreement, the Board of Directors may, at its option and without seeking the approval of the holders of Common Shares or Rightsoption, at any time after a Flip-in Event has occurredEvent, authorize the Corporation to issue or deliver in respect of each Right which is not void pursuant to Subsection 3.1(bsubsection 3.2(b), either:

Appears in 1 contract

Samples: Shareholder Protection Rights Plan Agreement (Loewen Group Inc)

Exchange Option. (a) In the event that the Board of Directors determines Directors, acting in good faith, shall determine that conditions exist which that would eliminate or otherwise materially diminish in any respect the benefits intended to be afforded to the holders of Rights pursuant to this Agreement, the Board of Directors may, at its option and without seeking the approval of the holders of Common Shares or Rights, at any time after a Flip-in Event has occurred, authorize the Corporation to issue or deliver in respect of each Right which that is not void pursuant to Subsection 3.1(bsubsection 4.1(b), either:

Appears in 1 contract

Samples: Shareholder Protection Rights Plan Agreement (Solucorp Industries LTD)

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