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

Waiver of Flip-In Events. (a) The Board of Directors acting in good faith may, with the prior approval of the holders of Voting Shares obtained in accordance with Section 5.3(a), at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares and/or Convertible Securities otherwise than in the circumstances described in Section 5.2(b) or (c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In the event that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than ten Business Days following the meeting of shareholders called to approve such waiver.

Waiver of Flip-In Events. (a) The Board of Directors acting in good faith may, with the prior approval of the holders of Voting Shares obtained in accordance with Section 5.3(a), at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares and/or Convertible Securities otherwise than in the circumstances described in Section 5.2(b) or (cSection 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 that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than ten 10 Business Days following the meeting of shareholders called to approve such waiver.

Waiver of Flip-In Events. (a) The Board of Directors acting in good faith may, with the prior approval of the holders of Voting Shares obtained in accordance with Section 5.3(a), at any time prior with respect to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares and/or Convertible Securities otherwise than in the circumstances described in Section 5.2(b) or (cSection 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 that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than ten 10 Business Days following the meeting of shareholders called to approve such waiver.

Waiver of Flip-In Events. (a) The Board of Directors acting in good faith Trustees may, with the prior approval of the holders of Voting Shares Units obtained in accordance with Section Subsection 5.3(a), at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares Units and/or Convertible Securities otherwise than in the circumstances described in Section Subsection 5.2(b) or (c5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In the event that the Board of Directors Trustees proposes such a waiver, the Board of Directors Trustees shall extend the Separation Time to a date subsequent to and not more than ten 10 Business Days following the meeting of shareholders holders of Units called to approve such waiver.

Waiver of Flip-In Events. (a) The Board of Directors acting in good faith may, with the prior approval of the holders of Voting Shares obtained in accordance with Section Subsection 5.3(a), at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares and/or Convertible Securities otherwise than in the circumstances described in Section Subsection 5.2(b) or (c5.2(c), waive the application of Section 3.1 to such Flip-in Event by written notice delivered to the Rights Agent. In the event that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than ten 10 Business Days following the meeting of shareholders called to approve such waiver.

Waiver of Flip-In Events. (a) The Board of Directors acting in good faith may, with the prior approval of the holders of Voting Shares obtained in accordance with Section 5.3(a), at any time prior to the occurrence of a Flip-in Event that would occur by reason of an acquisition of Voting Shares and/or Convertible Securities otherwise than in the circumstances described in Section 5.2(b) or (cSection 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 that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than ten 10 Business Days following the meeting of shareholders called to approve such waiver.. Table of Contents