Common use of Payment of Consideration Clause in Contracts

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and prior to the filing by the Company of the Articles of Arrangement with the Registrar in accordance with Section 2.9(a), irrevocably deposit in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the Parties, acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating Shareholders pursuant to the Plan of Arrangement.

Appears in 2 contracts

Samples: Arrangement Agreement (Rogers Communications Inc), Arrangement Agreement

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Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and prior to the filing by the Company of the Articles of Arrangement with the Registrar in accordance with Section 2.9(a)deposit, irrevocably deposit in escrow or cause to be deposited, with the Depositary (the terms and conditions of such escrow sufficient funds to be consistent with Section 2.10(b) held in escrow and otherwise satisfactory to an irrevocable direction for the Parties, acting reasonably) issuance of a sufficient funds and the certificates number of Consideration Shares as necessary to satisfy the aggregate Arrangement Consideration payable to the Company Participating Shareholders pursuant to and Incentive Award Holders as provided for in the Plan of ArrangementArrangement (other than with respect to the Company Shareholders exercising Dissent Rights).

Appears in 2 contracts

Samples: Arrangement Agreement (Hammerhead Energy Inc.), Arrangement Agreement (Crescent Point Energy Corp.)

Payment of Consideration. (a1) The Purchaser shall, following receipt of the Final Order and shall on or immediately prior to the filing by the Company of the Articles of Arrangement with the Registrar in accordance with Section 2.9(a)Closing provide, irrevocably deposit in escrow with or cause to be provided to, the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the Parties, acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating the Shareholders pursuant to the this Plan of Arrangement, with the amount per Share in respect of which Dissent Rights have been exercised being deemed to be the Consideration for this purpose, net of any applicable withholdings for the benefit of the Shareholders, which funds shall be held by the Depositary in escrow as agent and nominee for such Shareholders.

Appears in 2 contracts

Samples: Arrangement Agreement (Semtech Corp), Arrangement Agreement (Sierra Wireless Inc)

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and immediately prior to the filing by Effective Time, provide (i) the Company of the Articles of Arrangement Depositary with the Registrar in accordance with Section 2.9(a), irrevocably deposit sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCompany and the Purchaser, acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to the Shareholders, and (ii) the Company Participating Shareholders pursuant with the Funding Loan to satisfy the required payments under the Arrangement to the holders of Options, all as provided in the Plan of Arrangement.

Appears in 2 contracts

Samples: Arrangement Agreement (Corvus Gold Inc.), Arrangement Agreement (Anglogold Ashanti LTD)

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and shall on or immediately prior to the filing by Closing, provide, or cause to be provided to, the Company of Depositary sufficient funds to satisfy the Articles aggregate Consideration payable to the Shareholders pursuant to the Plan of Arrangement (other than with respect to Shareholders exercising Dissent Rights as provided in the Registrar in accordance with Section 2.9(aPlan of Arrangement), irrevocably deposit in into escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCompany and the Purchaser, each acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating Shareholders pursuant to the Plan of Arrangement).

Appears in 2 contracts

Samples: Arrangement Agreement (Sierra Wireless Inc), Arrangement Agreement (Semtech Corp)

Payment of Consideration. (a1) The Purchaser shall, following receipt of the Final Order and immediately prior to the filing by the Company of the Articles of Arrangement Arrangement, provide the Depositary with the Registrar in accordance with Section 2.9(a), irrevocably deposit sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCompany and the Purchaser, each acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating Shareholders pursuant to the Plan of Arrangement.the:

Appears in 1 contract

Samples: Arrangement Agreement (FMC Technologies Inc)

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and prior to the filing by the Company Corporation of the Articles of Arrangement with the Registrar in accordance with Section 2.9(a)Director, irrevocably deposit provide, or cause to be provided to, the Depositary sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCorporation and the Purchaser, each acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating the Shareholders pursuant to by the Purchaser as provided for in the Plan of Arrangement.

Appears in 1 contract

Samples: Arrangement Agreement (POINTS.COM Inc.)

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and immediately prior to the filing by the Company of the Articles of Arrangement with the Registrar in accordance Director, provide the Depositary with Section 2.9(a), irrevocably deposit sufficient immediately available funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCompany and the Purchaser, each acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating Shareholders pursuant to as provided in the Plan of Arrangement.

Appears in 1 contract

Samples: Arrangement Agreement (Hillman Companies Inc)

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and prior to the filing by Effective Time, deliver or cause to be delivered to the Company of the Articles of Arrangement with the Registrar in accordance with Section 2.9(a), irrevocably deposit Depositary in escrow with pending the Depositary (Effective Time, sufficient cash to pay the terms and conditions of such escrow aggregate Consideration to be consistent with Section 2.10(bpaid to Shareholders (other than dissenting Shareholders) and otherwise satisfactory to under the Parties, acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating Shareholders pursuant to the Plan of Arrangement.

Appears in 1 contract

Samples: Agreement

Payment of Consideration. (a) The Purchaser shallwill, following receipt by Absolute of the Final Order and prior to the filing by the Company of the Articles of Arrangement with the Registrar in accordance with Section 2.9(a)Effective Time, irrevocably deposit deposit, or cause to be deposited, in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the Parties, acting reasonably) sufficient funds and the certificates cash to satisfy the aggregate Arrangement Consideration payable to Company Participating the Absolute Shareholders pursuant to the Plan of ArrangementArrangement (other than Absolute Shareholders exercising Dissent Rights and who have not withdrawn their notice of objection).

Appears in 1 contract

Samples: Arrangement Agreement (Absolute Software Corp)

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Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and immediately prior to the filing by the Company Corporation of the Articles of Arrangement with the Registrar in accordance with Section 2.9(a)Director, irrevocably deposit transfer or cause to be transferred to the Depositary sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCorporation and the Purchaser, each acting reasonably) sufficient funds and the certificates in order to satisfy the aggregate Arrangement Consideration payable to Company Participating the Shareholders pursuant to (other than the holders of the Excluded Shares) as provided for in the Plan of Arrangement.

Appears in 1 contract

Samples: Arrangement Agreement (Viavi Solutions Inc.)

Payment of Consideration. (a) The Purchaser shallwill, following receipt by the Company of the Final Order and prior to Regulatory Approvals, ensure that on the filing by Effective Date the Company of the Articles of Arrangement Depositary has been provided with the Registrar in accordance with Section 2.9(a), irrevocably deposit sufficient funds in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the Parties, acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration payable to Company Participating Shareholders Affected Securityholders pursuant to the Plan of ArrangementArrangement (such Consideration not to include payments to Company Shareholders exercising Dissent Rights and who have not withdrawn their notice of objection).

Appears in 1 contract

Samples: Arrangement Agreement (Us Concrete Inc)

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and by no later than immediately prior to the filing sending by the Company of the Articles of Arrangement with to the Registrar Director in accordance with Section 2.9(a2.7(3), irrevocably deposit provide the Depositary with sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCompany and the Purchaser, each acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration consideration payable to Company Participating Shareholders by the Purchaser pursuant to the Plan of Arrangement.

Appears in 1 contract

Samples: Arrangement Agreement (Fitlife Brands, Inc.)

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and prior to the filing by the Company of the Articles of Arrangement with the Registrar Director in accordance with Section 2.9(a2.7(3), irrevocably deposit provide or cause to be provided the Depositary with sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCompany and the Purchaser, acting reasonably) sufficient funds and the certificates ), to satisfy the aggregate Arrangement Consideration consideration payable to Company Participating Shareholders by the Purchaser pursuant to the Plan of Arrangement.

Appears in 1 contract

Samples: Arrangement Agreement

Payment of Consideration. (a) The Purchaser shall, following receipt of the Final Order and prior to the filing by the Company Corporation of the Articles of Arrangement with the Registrar in accordance Director, provide the Depositary with Section 2.9(a), irrevocably deposit sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the PartiesCorporation and Purchaser, acting reasonably) sufficient funds and which, together with the certificates to aggregate Redemption Consideration, will satisfy the aggregate Arrangement Consideration payable to Company Participating Shareholders pursuant to as provided for in the Plan of Arrangement.

Appears in 1 contract

Samples: Arrangement Agreement (Nordion Inc.)

Payment of Consideration. (a) The Purchaser shall, following receipt of shall in accordance with the Final Order Depositary Agreement and in any event prior to the filing by Effective Time, provide the Company of the Articles of Arrangement Depositary with the Registrar in accordance with Section 2.9(a), irrevocably deposit sufficient funds to be held in escrow with the Depositary (the terms and conditions of such escrow to be consistent with Section 2.10(b) and otherwise satisfactory to the Parties, acting reasonably) sufficient funds and the certificates to satisfy the aggregate Arrangement Consideration amount payable to Company Participating Shareholders pursuant to the Plan of ArrangementArrangement to Company Securityholders other than the Purchaser (and other than payments to Company Shareholders exercising Dissent Rights and who have not withdrawn their notice of objection).

Appears in 1 contract

Samples: Arrangement Agreement (Polymet Mining Corp)

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