Common use of The Company Circular Clause in Contracts

The Company Circular. (1) The Company and the AP Preferred Equity Issuer shall, so as to permit the Company Meetings to be held by the date specified in Section 2.3(a): (i) subject to the Purchasers’ compliance with Section 2.4(4), as promptly as reasonably practicable after the date of this Agreement, prepare and complete, in consultation with the Purchasers, the Company Circular, together with any other documents required by Law in connection with the Company Meetings, and file with the SEC the Company Circular in preliminary form; (ii) if the SEC reviews the preliminary Company Circular, use commercially reasonable efforts to obtain clearance from the SEC of the Company Circular as soon as reasonably practicable and respond as promptly as reasonably practicable to any comments received from the SEC with respect to such filing and provide copies of such comments to the Purchasers reasonably promptly upon receipt and copies of proposed responses to SEC comments a reasonable time in advance of filing; (iii) as promptly as reasonably practicable prepare and file (after the Purchasers have had a reasonable opportunity to review and comment thereon) any amendments or supplements necessary to be filed in response to any SEC comments or as required by Law, (iv) as promptly as reasonably practicable after the SEC staff has advised that it has no further comments on the Company Circular or that it will not review the Company Circular and the Interim Order has been obtained, use commercially reasonable efforts to cause the Company Circular and such other documents to be filed and disseminated to each Common Shareholder, Preferred Shareholder and other Person as required by the Interim Order and Law; and (v) to the extent required by Law, as promptly as reasonably practicable, use commercially reasonable efforts to prepare, file and disseminate to the Common Shareholders, the Preferred Shareholders and other Persons as required by the Interim Order and Law any supplement or amendment to the Company Circular if the Company shall become aware of any event which requires such action at any time prior to the Company Meetings.

The Company Circular. (1) The Company and the AP Preferred Equity Issuer shall, so as to permit the Company Meetings Meeting to be held by the date specified in Section 2.3(a): (i) subject to the Purchasers’ compliance with Section 2.4(4), as promptly as reasonably practicable after the date of this Agreementhereof: (i) subject to the Purchaser’s and the Parent’s compliance with Section 2.4(4), reasonably promptly prepare and complete, in consultation with the PurchasersPurchaser and the Parent, the Company Circular, together with any other documents required by Law in connection with the Company MeetingsMeeting, and file with the SEC the Company Circular in preliminary form; (ii) if the SEC reviews the preliminary Company Circular, use commercially reasonable efforts to obtain clearance from the SEC of the Company Circular as soon as reasonably practicable and respond as promptly as reasonably practicable to any comments received from the SEC with respect to such filing and provide copies of such comments to the Purchasers Purchaser and the Parent reasonably promptly upon receipt and copies of proposed responses to SEC comments a reasonable time in advance of filing; (iii) as promptly as reasonably practicable prepare and file (after the Purchasers Purchaser and the Parent have had a reasonable opportunity to review and comment thereon) any amendments or supplements necessary to be filed in response to any SEC comments or as required by Law, ; (iv) as use its reasonable best efforts to obtain SEC Approval; (v) reasonably promptly as reasonably practicable after the obtaining SEC staff has advised that it has no further comments on the Company Circular or that it will not review the Company Circular Approval and the Interim Order has been obtainedOrder, use commercially reasonable best efforts to cause the Company Circular and such other documents to be filed and disseminated to each Common Shareholder, Preferred Shareholder Company Securityholder and other Person as required by the Interim Order and Law; and (vvi) to the extent required by Law, as promptly as reasonably practicable, use commercially reasonable best efforts to prepare, file and disseminate to the Common Shareholders, the Preferred Shareholders Company Securityholders and other Persons as required by the Interim Order and Law any supplement or amendment to the Company Circular (after the Purchaser and the Parent have had a reasonable opportunity to review and comment thereon) if the Company shall become aware of any event which requires such action at any time prior to the Company MeetingsMeeting.

The Company Circular. (1) The In connection with the Company and Meeting, the AP Preferred Equity Issuer Company shall, so as to permit the Company Meetings Meeting to be held by the date specified in accordance with Section 2.3(a2.3(1)(a): (i) subject to the Purchasers’ compliance with Section 2.4(4), as promptly as reasonably practicable after the date of this Agreement, hereof prepare and complete, in consultation with the Purchasers, the Company Circular, Circular together with any other documents required by Law in connection with the Company MeetingsMeeting and the Arrangement, and file with the SEC the Company Circular in preliminary form; Circular, (ii) if the SEC reviews the preliminary Company Circular, use commercially reasonable efforts to obtain clearance from the SEC of the Company Circular as soon as reasonably practicable and respond as promptly as reasonably practicable to any comments received from the SEC with respect to such filing and provide copies of such comments to the Purchasers reasonably Purchaser promptly upon receipt and copies of proposed responses to SEC comments a reasonable time in advance of prior to filing; , (iii) as promptly as reasonably practicable prepare and file (after the Purchasers have Purchaser has had a reasonable opportunity to review and comment thereonon) any amendments or supplements necessary to be filed in response to any SEC comments or as required by Law, (iv) as promptly as reasonably practicable after use its reasonable best efforts to have the SEC staff has advised confirm that it has no further comments on the Company Circular, and thereafter, following receipt of the Interim Order, file the Company Circular or that it will not review on SEDAR and XXXXX, and mail to the Shareholders as promptly as reasonably practicable, the Company Circular and all other customary proxy or other materials for meetings such as the Interim Order has been obtainedCompany Meeting, (v) to the extent required by Law, as promptly as reasonably practicable prepare, file and distribute to the Shareholders any supplement or amendment to the Company Circular if any event shall occur which requires such action at any time prior to the Company Meeting, and (vi) otherwise use commercially its reasonable best efforts to cause comply with all requirements of Law applicable to the Company Meeting and the Arrangement. The Parties shall cooperate with each other in connection with the preparation and filing of the Company Circular, including promptly furnishing the other Party upon request with any and all information as may be required to be set forth in the Company Circular and Schedule 13E-3 under Law. If applicable, in connection with the filing of the Company Circular, the Company and the Purchaser shall cooperate to (i) concurrently with the preparation and filing of the Company Circular, jointly prepare and file with the SEC the Schedule 13E-3 relating to the transactions contemplated hereby and furnish to each other all information concerning such Party as may be reasonably requested in connection with the preparation of the Schedule 13E-3, (ii) respond as promptly as reasonably practicable to any comments received from the SEC with respect to such filings and shall consult with each other documents prior to providing such response, (iii) as promptly as reasonably practicable after consulting with each other, prepare and file any amendments or supplements necessary to be filed and disseminated in response to each Common Shareholder, Preferred Shareholder and other Person any SEC comments or as required by Law, (iv) have the Interim Order and Law; SEC confirm that it has no further comments on the Schedule 13E-3 and (v) to the extent required by Law, as promptly as reasonably practicable, use commercially reasonable efforts to practicable prepare, file and disseminate distribute to the Common Shareholders, the Preferred Shareholders and other Persons as required by the Interim Order and Law any supplement or amendment to the Company Circular Schedule 13E-3 if the Company shall become aware of any event shall occur which requires such action at any time prior to the Company MeetingsMeeting.