Qualification Procedures Clause Samples
The QUALIFICATION PROCEDURES clause defines the steps and criteria that must be met for a party, typically a contractor or supplier, to be deemed eligible to participate in a project or contract. This may involve submitting documentation, demonstrating relevant experience, meeting financial thresholds, or passing specific assessments. By establishing clear requirements and a standardized process, this clause ensures that only capable and reliable parties are considered, thereby reducing the risk of project delays or failures due to unqualified participants.
Qualification Procedures. Subject to the other applicable provisions of this Agreement, in the case of each Secondary Registration requested by the Holders pursuant to Article 2, the Corporation will, as applicable:
(a) as expeditiously as reasonably possible (and, in the case of a Demand Offering, no later than five Business Days after a Demand Offering Request is delivered to the Corporation), prepare and file with the Commissions and the SEC in the English language and, if required, French language, a prospectus supplement and/or an amendment to the Registration Statement or, in the case of a Piggy Back Registration, a prospectus, prospectus supplement and/or registration statement (as applicable, the “Offering Document”) required to permit the requested offering and distribution of Designated Registrable Securities under and in compliance with Securities Laws of the Qualifying Jurisdictions and the SEC, as applicable, together with such other related documents as may be reasonably necessary to be filed in connection with such Offering Document, and take all other steps and proceedings that may be reasonably necessary in order to effect such Demand Offering or Piggy Back Registration;
(b) use commercially reasonable efforts to prepare and file with the Commissions and the SEC, as applicable, such amendments and supplements to any Offering Document as may be reasonably necessary to comply with the provisions of Securities Laws with respect to the offering and sale to the public of Designated Registrable Securities, and take such steps as are reasonably necessary to maintain the effectiveness of any such Offering Document until consummation of the applicable offering or such later date as may be contemplated in any underwriting agreement in respect of such offering (such period, the “Distribution Period”);
(c) if requested by any managing underwriter(s) or by the Holders, promptly include in any Offering Document or an amendment or supplement to an Offering Document such information as such managing underwriter(s) or Holders may reasonably request in order to permit the intended method of distribution of such securities to comply with Securities Laws and make all required filings of such Offering Document or amendment or supplement as soon as reasonably practicable after the Corporation has received such request;
(d) use commercially reasonable efforts to (i) register and qualify, unless an exemption from registration and qualification applies, the resale by the Holders of the Des...
Qualification Procedures. Whenever required under this Schedule 6.9 to qualify any Shares for distribution (such Shares being sometimes referred to as the “Distribution Shares”), the Corporation shall, as expeditiously as reasonably possible, take the following actions with respect to a distribution in Canada:
(a) prepare and file (in any event within 90 days after a Demand Qualification Request has been delivered to the Corporation) a preliminary prospectus in accordance with Canadian Securities Laws and such other related documents as may be necessary or appropriate relating to the proposed distribution of the Distribution Shares and shall, as soon as possible after any comments of the Canadian Securities Regulators have been satisfied with respect to such preliminary prospectus, prepare and file in accordance with Canadian Securities Laws a (final) prospectus and obtain a receipt (or equivalent document) for such (final) prospectus and shall take all other steps and proceedings that may be necessary in order to qualify the Distribution Shares for distribution or distribution to the public, as the case may be, under Canadian Securities Laws; provided, however, that GSCP and CanWest, if any CanWest Shares are being distributed, shall use their commercially reasonable efforts to, and shall request any underwriters to, terminate distribution of the Distribution Shares as soon as possible following the issuance of a receipt (or equivalent document) for such (final) prospectus;
(b) prepare and file with the Canadian Securities Regulators such amendments and supplements to such preliminary prospectus and (final) prospectus as may be necessary to comply with the provisions of Canadian Securities Laws with respect to the distribution of the Distribution Shares;
(c) furnish to GSCP and CanWest, if applicable, such number of commercial copies of such preliminary prospectus and (final) prospectus and of each amendment and supplement to either and such other relevant documents as GSCP and CanWest, if applicable, may reasonably request;
Qualification Procedures
Qualification Procedures