Common use of Waiver of Flip-In Events Clause in Contracts

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances set forth in Subsection 5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In such event, the Board of Directors shall extend the Separation Time to a date at least 10 Business Days subsequent to the meeting of shareholders called to approve such waiver.

Appears in 4 contracts

Samples: Shareholder Rights Plan Agreement (Cambior Inc), Shareholder Rights Plan Agreement (Cambior Inc), Shareholder Rights Plan Agreement (Clifton Star Resources Inc.)

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Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(bsubsection 6.6(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Common Shares otherwise (other than pursuant to a Take-over Bid bid made by means of a take-over bid circular to all holders of Voting record of Shares or otherwise other than in the circumstances set forth in Subsection 5.2(csubsection 6.2(c)), waive the application of Section 3.1 section 4.1 to such Flip-in Event by written notice delivered to the Rights Agent. In such event, the Board of Directors shall extend the Separation Time to a date at least 10 Business Days subsequent to after the meeting of shareholders called to approve such waiver.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Goldcorp Inc), Shareholder Rights Plan Agreement (Goldcorp Inc)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b5.5(c), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares or Convertible Securities otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances set forth in Subsection 5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In such event, the Board of Directors shall extend the Separation Time to a date at least 10 Business Days subsequent to the meeting of shareholders called to approve such waiver.

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/), Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances set forth in Subsection 5.2(c), ) waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In such event, the Board of Directors shall extend the Separation Time to a date at least 10 Business Days subsequent to the meeting of shareholders called to approve such waiver.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Clifton Star Resources Inc.)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-take- over bid circular to all holders of record of Voting Shares or otherwise than in the circumstances set forth in Subsection 5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In the event it proposes to grant such eventa waiver, the Board of Directors shall extend the Separation Time to a date at least 10 Business Days subsequent to the meeting of shareholders called to approve such waiver.

Appears in 1 contract

Samples: Shareholder Protection Rights Agreement (Fantom Technologies Inc)

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Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b5.5(c), the Board of Directors may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or convertible securities or otherwise than in the circumstances set forth in Subsection 5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In such event, the Board of Directors shall extend the Separation Time to a date at least 10 Business Days subsequent to the meeting of shareholders called to approve such waiver.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/)

Waiver of Flip-In Events. (a) With the prior consent of the holders of Voting Shares obtained in accordance with Subsection 5.5(b), the The Board of Directors Directors, may, at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares or Convertible Securities otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of Voting Shares or otherwise than in the circumstances set forth in Subsection 5.2(c)) and subject to receipt of Shareholder Approval, waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In the event the Board of Directors proposes such eventa waiver, the Board of Directors shall extend the Separation Time to a date at least 10 subsequent to and not more than ten Business Days subsequent to following the meeting of shareholders Shareholders called to approve such waiver.

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (Caledonia Mining Corp)

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