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 (including Trust Shares) and Incentive Securities issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Shares (including Trust Shares) and Incentive Securities, the Company, the Purchaser, the trustee under the Share Purchase Trust, the Share Purchase Trust, 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 Shares (including Trust Shares) or Incentive Securities 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 (including Trust Shares) securities of Dolly Varden issued and Incentive Securities issued or outstanding prior to the Effective Time, including Dolly Varden Shares, Dolly Varden Options and Dolly Varden RSUs; (b) the rights and obligations of the holders (registered or beneficial) of Shares (including Trust Shares) such securities, Dolly Varden, Acquiror, Amalco, Callco, Contango and Incentive Securitiestheir respective Affiliates, the Company, the Purchaser, the trustee under the Share Purchase Trust, the Share Purchase Trust, the Depositary, Depositary and any registrar or transfer agent or other depositary therefor in relation thereto, to this Plan of Arrangement 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 (including Trust Shares) or Incentive Securities shall be securities of Dolly Varden are deemed to have been settled, compromised, released and determined without liability except as set forth herein and in this Plan of Arrangementthe Arrangement Agreement.

Paramountcy. From and after the Effective Time: (a) this Plan of Arrangement shall take precedence and priority over any and all Shares (including Trust Common Shares) and , Incentive Securities and Preferred Shares issued or outstanding prior to the Effective Time, (b) the rights and obligations of the Common Shareholders, the holders of Shares (including Trust Shares) and Incentive Securities, the CompanyPreferred Shareholders, the PurchaserCompany and its Subsidiaries, the trustee under the Share Purchase TrustPurchasers and its Subsidiaries and affiliates, the Share Purchase Trust, the Depositary, Depositary and any registrar or transfer agent or other depositary therefor in relation thereto, to this Plan of Arrangement shall be solely as provided for in this Plan of Arrangement, 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 (including Trust Common Shares) or , Incentive Securities or Preferred 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 Shares (including Trust Shares) securities of Dolly Varden issued and Incentive Securities issued or outstanding prior to the Effective Time, including Dolly Varden] Shares, Dolly Varden Options and Dolly Varden RSUs; (b) the rights and obligations of the holders (registered or beneficial) of Shares (including Trust Shares) such securities, Dolly Varden, Acquiror, Amalco, Callco, Contango and Incentive Securitiestheir respective Affiliates, the Company, the Purchaser, the trustee under the Share Purchase Trust, the Share Purchase Trust, the Depositary, Depositary and any registrar or transfer agent or other depositary therefor in relation thereto, to this Plan of Arrangement 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 (including Trust Shares) or Incentive Securities shall be securities of Dolly Varden are deemed to have been settled, compromised, released and determined without liability except as set forth herein and in this Plan of Arrangementthe Arrangement Agreement.

Paramountcy. From and after the Effective Time: Time (ai) this Plan of Arrangement shall take precedence and priority over any and all Shares (including Trust Common Shares) , Company Equity Awards and Incentive Securities issued or outstanding prior to the Effective TimeEmployee Share Purchase Plan, (bii) the rights and obligations of the registered and beneficial holders of Common Shares (including Trust SharesDissenting Shareholders) and Incentive SecuritiesCompany Equity Awards, participants under the Employee Share Purchase Plan, the Company, the Purchaser, the trustee under the Share Purchase TrustParent, the Share Purchase Trust, the Depositary, Depositary and any trustee or registrar or and transfer agent or other depositary therefor in relation theretofor the Common Shares and any of the Company Equity Awards, 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 (including Trust Common Shares) or Incentive Securities , Company Equity Awards and the Employee Share Purchase Plan 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 Shares (including Trust Shares) and Incentive Securities issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Shares (including Trust Shares) and Incentive Securities, the CompanyCorporation, the Purchaser, the trustee under the Share Purchase Trust, the Share Purchase Trust, 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 Shares (including Trust Shares) or Incentive Securities 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 (including Trust Shares) and Incentive Affected Securities issued or outstanding prior to the Effective Time, (b) the rights and obligations of the holders of Shares (including Trust Shares) and Incentive Securities, the Company, the Purchaser, the trustee under the Share Purchase TrustREIT, ArrangementCo, Operating LP, DIMC, REIT Holdco, the Share Purchase TrustAffected Securityholders (including Dissenting Unitholders), the Depositary, registrar and any registrar or transfer agent or of the REIT, Purchaser Trustee Corp, the Depositary and all other depositary therefor Persons in relation thereto, to the subject matter of this Plan of Arrangement 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 (including Trust Shares) or Incentive Affected Securities 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 Shares, Rollover Shares (including Trust Shares) and Incentive Securities issued or outstanding prior to the Effective Time, the S2P Option Entitlements and the S2P Employment Agreements; (b) the rights and obligations of the Shareholders or the holders of Shares (including Trust Shares) and Incentive Securities, the Company, the Purchaser, the trustee under the Share Purchase Trust, the Share Purchase Trust, 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 Shares (securities of the Company, including Trust the Shares) or , Rollover Shares, Incentive Securities and S2P Option Entitlements, 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 (including Trust Shares) , Exchangeable Subscription Receipts, Warrants and Incentive Securities issued or outstanding prior to the Effective Time, ; (b) the rights and obligations of the Shareholders, the holder of Exchangeable Subscription Receipts, the holders of Shares (including Trust Shares) and Warrants, the holders of Incentive Securities, the Company, the Purchaser, the trustee under the Share Purchase Trust, the Share Purchase Trust, 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 Shares (including Trust Shares) , Exchangeable Subscription Receipts, Warrants or Incentive Securities 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 (including Trust Common Shares) and , Series B-1 Preferred Stock, Special Shares, Incentive Securities issued or outstanding prior to the Effective Time, ; (b) the rights and obligations of the holders of Shares (including Trust Common Shares) , Special Shares, Series B-1 Preferred Stock and Incentive Securities, the Company, the any Company Subsidiary, Purchaser, the trustee under the Share Purchase Trust, the Share Purchase Trust, 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 Shares (including Trust Common Shares) , Special Shares, Series B-1 Preferred Stock or Incentive Securities shall be deemed to have been settled, compromised, released and determined without liability except as set forth in this Plan of Arrangement.