Common use of the Expiration Time Clause in Contracts

the Expiration Time. (e) If the Corporation shall at any time after the Record Time and prior to the Expiration Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in clause 3.2(a)(i) or (iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(a), (b) and (c), such adjustments, rather than the adjustments contemplated by subsections 3.2(a), (b) and (c), shall be made. The Corporation and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If the Corporation shall at any time after the Record Time and prior to the Expiration Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in clause section 3.2(a)(i) or (iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(a), (b) and (c), such adjustments, rather than the adjustments contemplated by subsections 3.2(a), (b) and (c), shall be made. The Corporation and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in clause 3.2(a)(iClause 2.3(a)(i) or (iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSubsections 2.3(a), (b) and (c)) above, such adjustments, rather than the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c)) above, shall be made. The Subject to the prior consent of the holders of the Voting Shares or the Rights obtained as set forth in Subsection 5.4(b) or (c), the Corporation and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, authority to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Time issue any shares of capital stock securities (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stocksecurities, or securities convertible into or exchangeable for any such capital stockConvertible Securities, in a transaction referred to in clause 3.2(a)(iSections 2.3(a)(i) or (iv2.3(a)(iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSection 2.3(a), (b) and (c) in connection with such transaction are not applicable or will not appropriately protect the interests of the holders Holders of Rights, the Board of Directors acting in good faith may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSection 2.3(a), (b) and (c), ) such adjustments, rather than the adjustments contemplated by subsections 3.2(aSection 2.3(a), (b) and (c), ) shall be made. The Corporation and the Rights Agent shall have authority, without the with such prior approval of the holders of the Common Shares or the holders Holders of Rights, Rights as may be required to amend this Agreement in accordance with Section 5.4 hereof, as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in clause 3.2(a)(iClauses 2.3(a)(i) or (iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aClauses 2.3(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aClauses 2.3 (a), (b) and (c), such adjustments, rather than the adjustments contemplated by subsections 3.2(aClauses 2.3 (a), (b) and (c), shall be made. The Corporation and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, authority to amend this Agreement in accordance with Subsections 5.4(b)and 5.4(c), as appropriate the case may be, to provide for such adjustments.

the Expiration Time. (e) If In the Corporation event HealthSpace shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, stock in a transaction referred to in clause 3.2(a)(iSections 2.3(a)(i) or (iv)) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSections 2.3(a), (b) and (c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSections 2.3(a), (b) and (c)) above, such adjustments, rather than the adjustments contemplated by subsections 3.2(aSections 2.3(a), (b) and (c)) above, shall be made. The Corporation , subject to the prior consent of the holders of the Voting Shares or the Rights as set forth in Section 5.4(b) or (c), and HealthSpace and the Rights Agent shall have authority, without the approval authority upon receiving such prior consent of the holders of the Common Voting Shares or the holders of Rights, to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in clause 3.2(a)(iParagraphs 2.3(a)(i) or (iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSubsections 2.3(a), (b) and (c), such adjustments, rather than the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c), shall be made. The Corporation and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, authority to amend this Agreement in accordance with Subsections 5.4(b) and 5.4(c), as appropriate the case may be, to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in clause 3.2(a)(iClause 2.3(a)(i) or (iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSubsections 2.3(a), (b) and (c), and subject to prior approval of the holders of Voting Shares or of Rights, as the case may be, as provided in section 5.4, such adjustments, rather than the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c), shall be made. The Corporation and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, authority to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, stock in a transaction referred to in clause 3.2(a)(iClauses 2.3(a)(i) or (iv)) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSubsections 2.3(a), (b) and (c)) above, such adjustments, rather than the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c)) above, shall be made. The , subject to the prior consent of the holders of the Voting Shares or the Rights as set forth in subsection 5.4(b) or (c), and the Corporation and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, authority upon receiving such consent to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the Corporation event Meridian shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, stock in a transaction referred to in clause 3.2(a)(iClauses 2.3(a)(i) or (iv)) above, if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c) above in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, and " notwithstanding subsections 3.2(aSubsections 2.3(a), (b) and (c)) above, such adjustments, rather than the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c)) above, shall be made. The Corporation Subject to the prior consent of the holders of the Voting Shares or the Rights as set forth in subsection 5.4(b) or (c), Meridian and the Rights Agent shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, authority upon receiving such consent to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stock, or securities convertible into or exchangeable for any such capital stock, in a transaction referred to in clause 3.2(a)(iClause 2.3(a)(i) or (iv), if the Board of Directors acting in good faith determines that the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSubsections 2.3(a), (b) and (c), such adjustments, rather than the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c), shall be made. The Subject to Subsection 5.4(b) and (c), the Corporation and the Rights Agent shall have authority, authority without the approval of the holders of the Common Shares or the holders of Rights, Rights to amend this Agreement as appropriate to provide for such adjustments.

the Expiration Time. (e) If In the event the Corporation shall at any time after the Record Time and prior to the Expiration Separation Time issue any shares of capital stock securities (other than Common Shares), or rights, options or warrants to subscribe for or purchase any such capital stocksecurities, or securities convertible into or exchangeable Convertible Securities for any such capital stocksecurities, in a transaction referred to in clause 3.2(a)(iSubsection 2.3(a)(i) or (iva)(iv), if the Board of Directors acting in good faith determines determine that the adjustments contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c) in connection with such transaction will not appropriately protect the interests of the holders of Rights, the Board of Directors may determine what other adjustments to the Exercise Price, number of Rights and/or securities purchasable upon exercise of Rights would be appropriate and, notwithstanding subsections 3.2(aSubsections 2.3(a), (b) and (c), ) such adjustments, rather than the adjustments adjustment contemplated by subsections 3.2(aSubsections 2.3(a), (b) and (c), ) shall be made. The Corporation and the Rights Agent Agent, with prior approval of holders given in accordance with the provisions of Section 5.4 shall have authority, without the approval of the holders of the Common Shares or the holders of Rights, authority to amend this Agreement as appropriate to provide for such adjustments.