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 Common Shares, Options and Warrants issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options and Warrants, the Company, 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 Common Shares, Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: (ai) this ▇▇▇▇▇▇▇ Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options and Warrants ▇▇▇▇▇▇▇ Shares issued or outstanding prior to the Effective Time, Time or pursuant to this ▇▇▇▇▇▇▇ Plan of Arrangement; (bii) the rights and obligations of the registered holders of Common Shares▇▇▇▇▇▇▇ Shares (including Dissenting Shareholders) and ▇▇▇▇▇▇▇, Options and WarrantsMountain, the Company, the Parent, the Purchaser, the Depositary Depository and any transfer agent or other depositary therefor Depository 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 Common Shares, Options or Warrants ▇▇▇▇▇▇▇ Shares shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Options, RSUs and Warrants SARs issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options Options, RSUs and WarrantsSARs, and the CompanyCorporation, 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 Common Shares, Options or Warrants Options, RSUs and SARs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options ▇▇▇▇▇▇▇▇ Shares and Warrants ▇▇▇▇▇▇▇▇ Equity Awards issued or outstanding prior to the Effective Time, (b) the rights and obligations of the ▇▇▇▇▇▇▇▇ Shareholders, holders of Common Shares▇▇▇▇▇▇▇▇ Equity Awards, Options and Warrants▇▇▇▇▇▇▇▇, the Company, the Parent, the PurchaserAgnico, the Depositary and any registrar or 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 Common Shares, Options or Warrants ▇▇▇▇▇▇▇▇ Shares and ▇▇▇▇▇▇▇▇ Equity Awards shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options securities of the Company issued and Warrants issued or outstanding prior to the Effective Time, including Affected Securities, (b) the rights and obligations of the holders (registered or beneficial) of Common Shares, Options and Warrantssuch securities, the Company, the Parent, the PurchaserPurchaser and their respective Affiliates, the Depositary and any registrar, 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 Common Shares, Options or Warrants securities of the Company shall be deemed to have been settled, compromised, released and determined without liability whatsoever except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Preferred Shares, Company Options, DSUs, RSUs and Warrants STARs issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options and WarrantsCompany Securityholders, the Company, 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 Common Shares, Options Preferred Shares, Company Options, DSUs, RSUs or Warrants STARs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Company Options, Legacy Options and Company Warrants issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common SharesCompany Shareholders, Options and WarrantsCompany Optionholders, Company Warrantholders, the Company, 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 Common Company Shares, Company Options, Legacy Options or and Company Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: : (a) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Company Warrants, and Company Options and Warrants issued or outstanding prior to the Effective Time, ; (b) the rights and obligations of the registered holders of Common Company Shares, Options and Company Warrants, and Company, and the Company, the Parent, the PurchaserBuyer, 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 ; 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 Common Company Shares, Options or Warrants Company Warrants, and Company, shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

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 Common Shares, Options and Warrants issued or outstanding prior to the Effective TimeTime on the Effective Date, (b) the rights and obligations of the holders of Common Shares, Options and WarrantsSecurityholders, the Company, 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 Common Shares, Options or and Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: Time (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options and Warrants issued or and outstanding prior to the Effective Time, (b) the rights and obligations of registered and beneficial Optionholders or Securityholders, and the holders of Common Shares, Options and WarrantsCorporation, the CompanyAcquiror, the Parent, the Purchaser, the Depositary and any registrar and transfer agent for the Common Shares, Options or other depositary therefor Warrants 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 Common Shares, Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Paramountcy. From and after the Effective Time: (ai) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options and Warrants Instadose Shares issued or outstanding prior to the Effective Time, ; (bii) the rights and obligations of the registered holders of Common SharesInstadose Shares (other than MZKR or any of its Affiliates), Options and Warrantsof Instadose, the Company, the Parent, the PurchaserMZKR, the Depositary and any transfer agent or other depositary therefor in relation thereto, shall be solely as provided for in this Plan of Arrangement, Arrangement and the Arrangement Agreement; 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 Common Shares, Options or Warrants Instadose Shares shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Shares and Warrants options (including the Options) issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options Shares and WarrantsOptions, the Company, the ParentAcquiror, the PurchaserAcquiror, 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 Common Shares, Shares or Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Company Options and Company Warrants or any other securities of the Company issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options and WarrantsCompany Securityholders, the Company, the ParentPurchaser, the PurchaserSpinco, 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 Common Company Shares, Options Company Options, Company Warrants or Warrants any other securities of the Company issued prior to the Effective Time shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Company Options and Warrants Company RSUs, issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the holders of Common Shares, Options and WarrantsCompany Securityholders, the Company, 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 Common Company Shares, Company Options or Warrants Company RSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.

Paramountcy. From and after the Effective Time: Time (ai) this Plan of Arrangement shall take precedence and priority over any and all Common Company Shares, Warrants and Options and Warrants issued or outstanding prior to the Effective Time, (bii) the rights and obligations of the registered holders of Common Company Shares, Options Warrants and WarrantsOptions, and the Company, the Parent, the PurchaserSubco, 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 Common Company Shares, Warrants or Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Paramountcy. From and after the Effective Time: Time (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Warrants, Options, RSAs and Warrants RSUs issued or outstanding prior to the Effective Time, (b) the rights and obligations of the registered holders of Common Shares, Options Warrants, Options, RSAs and WarrantsRSUs, the Company, the Parent, the PurchaserSub, 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 (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 Common Shares, Options Warrants, Options, RSAs or Warrants RSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options rights related to the NuVista Shares issued and Warrants issued or outstanding immediately prior to the Effective Time, Time and the terms and conditions thereof; (b) the rights and obligations of the registered holders of Common NuVista Shares, Options and Warrants, the Company, the Parent, the Purchaser, NuVista, 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 Common NuVista Shares, Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Paramountcy. From and after the Effective Time: (ai) this Plan of Arrangement shall take precedence and priority over any and all Common SharesAvion Shares and Avion Options, Options and Warrants issued or outstanding prior to the Effective Time, Time or pursuant to this Plan of Arrangement; (bii) the rights and obligations of the registered holders of Common SharesAvion Shares and Avion Options, Options and WarrantsAvion, Endeavour, the Company, the Parent, the Purchaser, the Depositary Depository 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 Common SharesAvion Shares or Avion Options, Options or Warrants shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangementherein.

Paramountcy. From and after the Effective Time: (ai) this Plan of Arrangement shall take precedence and priority over any and all Common Shares, Options Options, RSUs and Warrants DSUs issued or outstanding prior to the Effective Time, (bii) the rights and obligations of the holders of Common Shares, Options Options, RSUs and WarrantsDSUs, the CompanyCorporation, the ParentAmalCo, the Purchaser, Purchaser and 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 Common Shares, Options or Warrants 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 Arrangementherein.