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 Shares, Company Options, DSUs, RSUs and PSUs, issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the Securityholders, the Company, 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 Shares, Company Options, DSUs, RSUs or PSUs 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, Preferred Shares, Company Options, DSUs, RSUs and PSUs, STARs issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the Company 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, Preferred Shares, Company Options, DSUs, RSUs or PSUs 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: Time (ai) this Plan of Arrangement shall take precedence and priority over any and all Shares, Company OptionsRSUs, DSUs, RSUs DSUs and PSUs, Options issued or outstanding at or prior to the Effective Time, (bii) the rights and obligations of the Securityholdersregistered holders of Shares, RSUs, DSUs and Options, and the Company, 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 Shares, Company OptionsRSUs, DSUs, RSUs DSUs or PSUs Options 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 Company Shares, Company Options, DSUs, RSUs and PSUs, Company DSUs issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the SecurityholdersCompany Shareholders, the Company Optionholders, the Company DSU Holders the Company, 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 Company Shares, Company Options, DSUs, RSUs or PSUs Company DSUs 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 Company Shares, Company Options, DSUs, Company PSUs and Company RSUs and PSUs, issued or outstanding at or prior to the Effective Time, ; (b) the rights and obligations of the SecurityholdersCompany Shareholders, the Company, 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 Shares, Company Options, DSUs, RSUs or PSUs Shares 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, Company Options, DSUs, RSUs Options and PSUsCompany RSUs, issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the Company 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 Shares, Company Options, DSUs, Options or Company RSUs or PSUs 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 two minutes after the Effective Time: Time (a) this Plan of Arrangement shall take precedence and priority over any and all rights related to Shares (including the LTIP Shares, Company Optionsand shares held by the Administrative Agent on behalf of participants in the ESPP), DSUs, RSUs Options and PSUs, DSUs issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the Securityholdersholders of Shares, the Company, the Purchaser, the Depositary Options and DSUs and any trustee and transfer agent or other depositary therefor in relation theretotherefor, shall be solely as provided for in this Plan of Arrangement, and (c) all actions, causes of actionactions, claims or proceedings (actual or contingent contingent, and whether or not previously asserted) based on or in any way relating to any Shares, Company Options, DSUs, RSUs or PSUs Options and DSUs 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 Company Shares, Company Options, DSUs, Options and Company RSUs and PSUs, issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the SecurityholdersCompany Shareholders, the Company RSU Holders, the Company Optionholders, the Company, 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 Company Shares, Company Options, DSUs, Options or Company RSUs or PSUs shall be deemed to have been settled, compromised, released and determined without liability of the Company or Purchaser 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, Company Options, DSUs, RSUs Options and PSUs, Company PSUs issued or outstanding at or prior to the Effective Time, ; (bii) the rights and obligations of the Securityholdersregistered holders of Common Shares, Company Options or Company PSUs and the Company, 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 Common Shares, Company Options, DSUs, RSUs or Company PSUs 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 Company Shares, Company Options, DSUs, RSUs Options and PSUsCompany RSUs, issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the Company Securityholders, the Company, 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 Company Shares, Company Options, DSUs, Options or Company RSUs or PSUs 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 Shares, Company Options, DSUs, RSUs Options and PSUs, DSUs issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the Securityholdersholders of Shares, the CompanyOptions and DSUs, the Corporation, 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 Shares, Company Options, DSUs, RSUs Options or PSUs DSUs 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, Company Preferred Shares, Options, DSUs, RSUs and PSUs, PSUs issued or outstanding at or prior to the Effective Time, (b) the rights and obligations of the Company 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, Company Preferred Shares, Options, DSUs, RSUs or PSUs shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.