Common use of Extinction of Rights Clause in Contracts

Extinction of Rights. If (a) any former Xxxxxxxx Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 5.1 or Section 5.2 in order for such former Xxxxxxxx Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 3.1, or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned to the Depositary or otherwise remains unclaimed, in each case, on or before the third anniversary of the Effective Date, then on the third anniversary of the Effective Date (i) such former Xxxxxxxx Shareholder will be deemed to have donated and forfeited to Agnico or its successors, all such Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, (ii) any certificate, DRS Advice or other documentation representing Xxxxxxxx Shares formerly held by such former holder shall cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by the Depositary to Agnico or as directed by Agnico, and (iv) the Consideration Shares which such former Xxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico for cancellation and the interest of such former Xxxxxxxx Shareholder in such Consideration Shares shall be terminated. None of the Parties, or any of their respective successors, will be liable to any Person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico or Xxxxxxxx or delivered to any public official pursuant to any applicable abandoned property, escheat or similar Law.

Extinction of Rights. If (a) any former Xxxxxxxx Kxxxxxxx Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 5.1 or Section 5.2 in order for such former Xxxxxxxx Kxxxxxxx Shareholder to receive the Consideration which such former holder is entitled to receive pursuant to Section 3.1, or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned to the Depositary or otherwise remains unclaimed, in each case, on or before the third anniversary of the Effective Date, then on the third anniversary of the Effective Date (i) such former Xxxxxxxx Kxxxxxxx Shareholder will be deemed to have donated and forfeited to Agnico or its successors, all such Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, (ii) any certificate, DRS Advice or other documentation representing Xxxxxxxx Kxxxxxxx Shares formerly held by such former holder shall cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by the Depositary to Agnico or as directed by Agnico, and (iv) the Consideration Shares which such former Xxxxxxxx Kxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico for cancellation and the interest of such former Xxxxxxxx Kxxxxxxx Shareholder in such Consideration Shares shall be terminated. None of the Parties, or any of their respective successors, will be liable to any Person in respect of any Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico or Xxxxxxxx Kxxxxxxx or delivered to any public official pursuant to any applicable abandoned property, escheat or similar Law.

Extinction of Rights. If (a) any former Xxxxxxxx Former Constantine Shareholder fails to deliver to the Depositary the certificates, documents or instruments required to be delivered to the Depositary under Section 5.1 4.2 or Section 5.2 4.3 in order for such former Xxxxxxxx Former Constantine Shareholder to receive the Share Consideration which such former holder is entitled to receive pursuant to Section 3.1, or (b) any payment made by way of cheque by the Depositary pursuant to this Plan of Arrangement has not been deposited or has been returned to the Depositary or otherwise remains unclaimed, in each case, on or before the third second anniversary of the Effective Date, then on the third second anniversary of the Effective Date (i) such former Xxxxxxxx Shareholder holder will be deemed to have donated and forfeited to Agnico APM or its successors, all such successor any Share Consideration held by the Depositary in trust for such former holder to which such former holder is entitled, entitled and (ii) any certificate, DRS Advice or other documentation certificate representing Xxxxxxxx Constantine Shares formerly held by such former holder shall will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico APM and will be cancelled, (iii) any payment made by way of cheque and any other right or claim to payment hereunder that remains outstanding will cease to represent a claim or any interest of any nature whatsoever and will be deemed to have been surrendered to Agnico and shall be paid over by the Depositary to Agnico or as directed by Agnico, and (iv) the Consideration Shares which such former Xxxxxxxx Shareholder was entitled to receive shall be automatically transferred to Agnico and the certificates, documents or other instruments representing such Consideration Shares shall be delivered by the Depositary to Agnico for cancellation and the interest of such former Xxxxxxxx Shareholder in such Consideration Shares shall be terminated. None of the PartiesNeither Constantine nor APM, or any of their respective successors, will be liable to any Person person in respect of any Share Consideration (including any consideration previously held by the Depositary in trust for any such former holder) which is forfeited to Agnico Constantine or Xxxxxxxx APM or delivered to any public official pursuant to any applicable abandoned property, escheat or similar Lawlaw. Distributions with Respect to Unsurrendered Certificates No dividend or other distribution declared or made after the Effective Time with respect to APM Shares with a record date after the Effective Time shall be delivered to the holder of any unsurrendered certificate that, immediately prior to the Effective Time, represented outstanding Constantine Shares unless and until the holder of such certificate shall have complied with the provisions of Section 4.2 or Section 4.3 hereof. Subject to applicable law and to Section 4.6 hereof, at the time of such compliance, there shall, in addition to the delivery of a certificate representing the APM Shares to which such holder is thereby entitled, be delivered to such holder, without interest, the amount of the dividend or other distribution with a record date after the Effective Time theretofore paid with respect to such APM Shares.