Common use of Paramountcy Clause in Contracts

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options and Corporation Options issued or outstanding prior to the Effective Time; (b) the rights and obligations of the Securityholders, the Corporation, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options or Corporation Options shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Appears in 2 contracts

Sources: Arrangement Agreement (Sangoma Technologies Corp), Arrangement Agreement (BRC Group Holdings, Inc.)

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Shares, Corporation Company Options, DSUs, Corporation RSUs and PSUs, Corporation RSUs, Corporation Legacy Options and Corporation Options issued or outstanding at or prior to the Effective Time; , (b) the rights and obligations of the Securityholders, the CorporationCompany, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; , and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Shares, Corporation Company Options, DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options RSUs or Corporation Options PSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Appears in 2 contracts

Sources: Arrangement Agreement, Arrangement Agreement (Dominion Diamond Corp)

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Common Shares, Corporation DSUs, Corporation PSUs, Corporation Company Options and Company RSUs, Corporation Legacy Options and Corporation Options issued or outstanding at or prior to the Effective Time; , (b) the rights and obligations of the Company Securityholders, the CorporationCompany, the Parent, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall in respect of the Arrangement Agreement, be solely as provided for in this Plan of Arrangement; , and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Common Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Company Options or Corporation Options Company RSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Appears in 1 contract

Sources: Arrangement Agreement (Motorola Solutions, Inc.)

Paramountcy. From and after the Effective Time: (ai) this Plan of Arrangement shall take precedence and priority over any and all Corporation Common Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Company Options and Corporation Options Company PSUs issued or outstanding prior to the Effective Time; (bii) the rights and obligations of the Securityholdersregistered holders of Common Shares, Company Options or Company PSUs and the CorporationCompany, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; and (ciii) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Common Shares, Corporation DSUsCompany Options, Corporation PSUs, Corporation RSUs, Corporation Legacy Options or Corporation Options Company PSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Appears in 1 contract

Sources: Arrangement Agreement (Merus Labs International Inc.)

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Company Shares, Corporation DSUs, Corporation PSUs, Corporation Company RSUs, Corporation Legacy Options Company DSUs and Corporation Options Company Warrants issued or outstanding prior to the Effective Time; , (b) the rights and obligations of the Company Voting Securityholders, the CorporationCompany, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; , and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Company Shares, Corporation DSUs, Corporation PSUs, Corporation Company RSUs, Corporation Legacy Options or Corporation Options Company DSUs and Company Warrants shall be deemed to have been settled, compromised, released and determined without liability of the Company, or the Purchaser except as set forth in this Plan of Arrangement.

Appears in 1 contract

Sources: Arrangement Agreement

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Common Shares, Corporation Preferred Shares, Options, DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options RSUs and Corporation Options PSUs issued or outstanding prior to the Effective Time; , (b) the rights and obligations of the Company Securityholders, the CorporationCompany, the Parent, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; , and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Common Shares, Corporation Preferred Shares, Options, DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options RSUs or Corporation Options PSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Appears in 1 contract

Sources: Arrangement Agreement (Lowes Companies Inc)

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Company Shares, Corporation DSUsCompany Options, Corporation PSUs, Corporation RSUs, Corporation Legacy Options Company PSUs and Corporation Options Company RSUs issued or outstanding prior to the Effective Time; (b) the rights and obligations of the SecurityholdersCompany Shareholders, the CorporationCompany, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options or Corporation Options Company Shares shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Appears in 1 contract

Sources: Arrangement Agreement (Thompson Creek Metals Co Inc.)

Paramountcy. From and after the Effective Time: Time (ai) this Plan of Arrangement shall take precedence and priority over any and all Corporation Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options DSUs and Corporation Options issued or outstanding prior to the Effective Time; , (bii) the rights and obligations of the Securityholdersregistered holders of Shares, RSUs, DSUs and Options, and the CorporationCompany, the PurchaserParent, Sub, the Depositary and any trustee or transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; , and (ciii) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options DSUs or Corporation Options shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Appears in 1 contract

Sources: Arrangement Agreement (Cognos Inc)

Paramountcy. From and after the Effective TimeTime on the Effective Date: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Common Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options DSUs and Corporation Options RSUs issued or outstanding prior to the Effective Time; Time on the Effective Date, (b) the rights and obligations of the Securityholders, the CorporationCompany, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; , and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Common Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options or Corporation Options RSUs and DSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Appears in 1 contract

Sources: Arrangement Agreement (Vista Gold Corp)

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Corporation Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options and Corporation Options DSUs issued or outstanding prior to the Effective Time; , (b) the rights and obligations of the Securityholdersholders of Shares, the Options and DSUs, Corporation, the Purchaser, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement; , and (c) all actions, causes of action, claims or proceedings (actual or contingent and whether or not previously asserted) based on or in any way relating to any Corporation Shares, Corporation DSUs, Corporation PSUs, Corporation RSUs, Corporation Legacy Options or Corporation Options DSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Appears in 1 contract

Sources: Arrangement Agreement (Clementia Pharmaceuticals Inc.)