Common use of Notice of Insolvency Event Clause in Contracts

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco and Lululemon shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon (such funds to be received in advance), a notice of such Insolvency Event in the form provided by Lululemon, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 4 contracts

Samples: Exchange Trust Agreement Memorandum of Agreement, Exchange Trust Agreement (Lululemon Athletica Inc.), Exchange Trust Agreement (Lululemon Athletica Inc.)

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Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco ExchangeCo and Lululemon Acquiror shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco ExchangeCo and Lululemon Acquiror of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Acquiror (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonAcquiror, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 4 contracts

Samples: Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (Magnum Hunter Resources Corp), Voting and Exchange Trust Agreement (Gran Tierra Energy, Inc.)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, the Parent and Exchangeco and Lululemon shall give written notice thereof to the Trustee. As soon as practicable following the receipt of after receiving notice from the Parent or Exchangeco and Lululemon of the occurrence of an Insolvency Event, or upon the Trustee otherwise becoming aware of an Insolvency Event, the Trustee will shall mail to each Beneficiary, at the expense of Lululemon the Parent (such funds to be received in advance), a notice of such Insolvency Event in the form provided by Lululemonthe Parent, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 3 contracts

Samples: Exchange Agreement (Biotricity Inc.), Trust Agreement (Biotricity Inc.), Voting and Exchange Trust Agreement (DelMar Pharmaceuticals, Inc.)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco the Corporation and Lululemon Acquiror shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco the Corporation and Lululemon Acquiror of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Acquiror (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonAcquiror, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Surge Global Energy, Inc.), Voting and Exchange Trust Agreement (Surge Global Energy, Inc.)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco EMS LP and Lululemon the Company shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco EMS LP and Lululemon the Company of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon the Company (such funds to be received in advance), a notice of such Insolvency Event in the form provided by Lululemonthe Company, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Emergency Medical Services CORP), Voting and Exchange Trust Agreement (STAT Healthcare, Inc.)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, New Exchangeco and Lululemon Newmont shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from New Exchangeco and Lululemon Newmont of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Newmont (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonNewmont, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Automatic Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Newmont Mining Corp /De/)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco EELP and Lululemon Enerplus shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon EELP or Enerplus of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Enerplus (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonEnerplus, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Enerplus Resources Fund)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco Canco and Lululemon Acquirer shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco Canco and Lululemon Acquirer of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Acquirer (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonAcquirer, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Canwest Petroleum Corp)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco Acquisition Sub and Lululemon shall Rational will give written notice thereof of that event to the Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon Acquisition Sub or Rational of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail by first class mail to each Beneficiary, at the expense of Lululemon (such funds to be received in advance)Rational, a notice of such the Insolvency Event in the form provided by LululemonRational, which notice shall will contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Agreement (Rational Software Corp)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco Company and Lululemon Parent shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon Company or Parent of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Parent (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonParent, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Divine Inc)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco the Company and Lululemon Abgenix shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco the Company and Lululemon Abgenix of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Abgenix (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonAbgenix, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Trust Agreement (Abgenix Inc)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco Acquisitionco and Lululemon Newmont shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco Acquisitionco and Lululemon Newmont of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Newmont (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonNewmont, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Automatic Exchange Right.

Appears in 1 contract

Samples: Arrangement Agreement (Newmont Mining Corp /De/)

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Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco Weysub and Lululemon Weyerhaeuser shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco Weysub and Lululemon Weyerhaeuser of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon (such funds to be received in advance)Weyerhaeuser, a notice of such Insolvency Event in the form provided by LululemonEvent, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Weyerhaeuser Co)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco and Lululemon the Parent shall give written notice thereof to the Voting Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon the Parent of the occurrence of an Insolvency Event, or upon the Voting Trustee becoming aware of an Insolvency Event, the Voting Trustee will mail to each Voting Trust Beneficiary, at the expense of Lululemon (such funds to be received in advance)the Parent, a notice of such Insolvency Event in the form provided by LululemonEvent, which notice shall contain a brief statement of the rights of the Voting Trust Beneficiaries with respect to the Insolvency Exchange Right, as provided for in ARTICLE 5 of this Agreement.

Appears in 1 contract

Samples: Exchange and Voting Trust Agreement (Peress Sass)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco FLP and Lululemon Enerplus shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon FLP or Enerplus of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Enerplus (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonEnerplus, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Enerplus Resources Fund)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco ExchangeCo and Lululemon FCE shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco ExchangeCo and Lululemon FCE of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon FCE (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonFCE, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Combination Agreement (Fuelcell Energy Inc)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco and Lululemon AMVESCAP shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon AMVESCAP of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon AMVESCAP (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonAMVESCAP, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Automatic Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Amvescap PLC/London/)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco Canco and Lululemon Acquiror shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco Canco and Lululemon Acquiror of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Acquiror (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonAcquiror, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Acquisition Agreement (Nabors Industries Inc)

Notice of Insolvency Event. As soon as practicable following the occurrence of an Insolvency Event or any event that with the giving of notice or the passage of time or both would be an Insolvency Event, Exchangeco and Lululemon Acquiror shall give written notice thereof to the Trustee. As soon as practicable following the receipt of notice from Exchangeco and Lululemon Acquiror of the occurrence of an Insolvency Event, or upon the Trustee becoming aware of an Insolvency Event, the Trustee will mail to each Beneficiary, at the expense of Lululemon Acquiror (such funds to be received in advance), a notice of such Insolvency Event in the form provided by LululemonAcquiror, which notice shall contain a brief statement of the rights of the Beneficiaries with respect to the Exchange Right.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Magnum Hunter Resources Corp)

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