Common use of Extraordinary Resolution Clause in Contracts

Extraordinary Resolution. If, at any meeting called for the purpose of passing an Extraordinary Resolution, Warrantholders entitled to purchase 35% of the aggregate number of Common Shares which can be subscribed for and purchased pursuant to all of the outstanding Warrant Certificates as of the date of such meeting are not present in person or by proxy within 30 minutes from the time fixed for holding the meeting, then the meeting, if called by Warrantholders or on a Warrantholders' Request, shall be dissolved, but in any other case it shall stand adjourned to such day, being not less than 5 Business Days or more than 21 Business Days later, and to such place and time as may be determined by the chairman. Not less than three Business Days' notice to Warrantholders shall be given of the time and place of such adjourned meeting in the manner provided in article twelve hereof. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum notwithstanding the provisions of this subsection 0 to the contrary and may transact the business for which the meeting was originally called and a motion proposed at such adjourned meeting and passed by the affirmative vote of Warrantholders entitled to subscribe for and purchase not less than 66 2/3% of the aggregate number of Common Shares which can be subscribed for and purchased pursuant to all of the Warrants represented at the adjourned meeting and voted on the motion shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders entitled to purchase 35% of the aggregate number of Common Shares which can be subscribed for and purchased pursuant to all of the then outstanding Warrant Certificates are not present in person or by proxy at such adjourned meeting.

Appears in 1 contract

Sources: Share Exchange Agreement (Breakwater Resources LTD)

Extraordinary Resolution. If, at any meeting called for the purpose of passing an Extraordinary Resolution, Warrantholders entitled to purchase 35holding in the aggregate not less than 25% of the aggregate number of Common Shares which can be subscribed for all Warrants unexercised and purchased pursuant to all of the outstanding Warrant Certificates as of the date of such the meeting are not present in person or by proxy within 30 minutes from the time fixed for holding the meeting, then the meeting, if called by Warrantholders or on a Warrantholders' ’ Request, shall be dissolved, but in any other case it shall stand adjourned to such day, being not less than 5 Business Days or more than 21 Business Days later, and to such place and time as may be determined by the chairman. Not less than three 3 Business Days' ’ notice to Warrantholders shall be given of the time and place of such adjourned meeting in the manner provided in article twelve Article Thirteen hereof. Such notice shall state that at the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally called or any other particulars. At the adjourned meeting the Warrantholders present in person or by proxy shall form a quorum notwithstanding the provisions of this subsection 0 10.12(a) to the contrary and may transact the business for which the meeting was originally called and a motion proposed at such adjourned meeting and passed by the affirmative vote of Warrantholders entitled to subscribe for and purchase holding in the aggregate not less than 66 2/3% of the aggregate number of Common Shares which can be subscribed for all Warrants unexercised and purchased pursuant to all of the Warrants outstanding held by Warrantholders represented at the adjourned meeting and voted on the such motion shall be an Extraordinary Resolution within the meaning of this Indenture, notwithstanding that Warrantholders entitled to purchase 35holding in the aggregate not less than 25% of the aggregate number of Common Shares which can be subscribed for all Warrants unexercised and purchased pursuant to all outstanding as of the then outstanding Warrant Certificates such date are not present in person or by proxy at such adjourned meeting.

Appears in 1 contract

Sources: Warrant Indenture