Optional Exchange. In the event that the Board of Directors 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 holders of Common Shares or Rights at any time after a Flip-in Event has occurred, authorize the Corporation to issue and deliver in respect of each Right which is not void pursuant to Section 3.1(b) either:
Appears in 6 contracts
Samples: Shareholder Rights Plan Agreement (Polymet Mining Corp), Shareholder Rights Plan Agreement (Polymet Mining Corp), Shareholder Rights Plan Agreement (Endeavour Silver Corp)
Optional Exchange. In the event that the Board of Directors 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 holders of Common Shares or Rights Rights, at any time after a Flip-in Event has occurred, authorize the Corporation Company to issue and deliver in respect of each Right which is not void pursuant to Section 3.1(b) either:
Appears in 2 contracts
Samples: Shareholder Rights Plan Agreement (Avino Silver & Gold Mines LTD), Shareholder Rights Plan Agreement (Coral Gold Resources, Ltd.)
Optional Exchange. In the event that the Board of Directors 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 holders of Common Shares or Rights Rights, at any time after a Flip-in Event has occurred, authorize the Corporation Company to issue and deliver in respect of each Right which is not void pursuant to Section 3.1(b3.1 (b) either:
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement
Optional Exchange. In the event that If the Board of Directors 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 holders of Common Shares or Rights at any time after a Flip-in Event has occurred, authorize the Corporation Company to issue and deliver in respect of each Right which is not void pursuant to Section Subsection 3.1(b) either:
Appears in 1 contract
Samples: Shareholder Protection Rights Plan Agreement (Western Wind Energy Corp)
Optional Exchange. In the event that the Board of Directors 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 holders of Common Voting Shares or Rights at any time after a Flip-in Event has occurred, authorize the Corporation to issue and deliver in respect of each Right which is not void pursuant to Section 3.1(b) either:
Appears in 1 contract
Samples: Shareholder Rights Plan Agreement (Petaquilla Minerals LTD)
