Common use of Preliminary Steps Clause in Contracts

Preliminary Steps. On or before 8.00 am on the Second Court Date: (a) the Company will make an offer to each Unlisted Optionholder to cancel the Unlisted Options held by that person in accordance with clause 4.8(a); (b) the Company will seek a ruling from the Australian Taxation Office that Australian resident Scheme Participants will receive capital gains tax rollover relief in relation to the transfer of their Shares to P▇▇▇▇▇ and the cancellation of their Options under the Schemes; (c) P▇▇▇▇▇ will adopt the P▇▇▇▇▇ Stock Option Plan; and (d) P▇▇▇▇▇ will file with the Secretary of State of the U.S. State of Delaware the Amended and Restated Certificate of Incorporation, and adopt the Amended and Restated By-laws.

Preliminary Steps. On or before 8.00 am on the Second Court Date: (a) the Company will make an offer to each Unlisted Optionholder to cancel the Unlisted Options held by that person in accordance with clause 4.8(a); (b) the Company will seek a ruling from the Australian Taxation Office that Australian resident Scheme Participants will receive capital gains tax rollover relief in relation to the transfer of their Shares to P▇▇▇▇▇▇ and the cancellation of their Options under the Schemes; (c) P▇▇▇▇▇▇ will adopt the P▇▇▇▇▇▇ Stock Option Plan; and (d) P▇▇▇▇▇▇ will file with the Secretary of State of the U.S. State of Delaware the Amended and Restated Certificate of Incorporation, and adopt the Amended and Restated By-laws.