LOCK-UP AGREEMENTLock-Up Agreement • September 17th, 2007 • Symmetry Holdings Inc • Non-operating establishments
This Agreement sets out the terms and conditions of the several agreements of each Shareholder to (i) support the Arrangement or any Alternative Transaction, (ii) vote or cause to be voted all of the Shareholder Securities (as defined below) and all Subsequently Acquired Shareholder Securities (as defined below) in favour of the Arrangement Resolution or in support of any Alternative Transaction, and (iii) comply with the restrictions, obligations and covenants of a Shareholder set forth herein. The Shareholders and the Company have also agreed to enter into certain agreements to be dated as of the Effective Time in respect of the Asset Sales and the Sale Leaseback Transaction (as such terms are defined in the Arrangement Agreement).
NON-COMPETITION AGREEMENTNon-Competition Agreement • September 17th, 2007 • Symmetry Holdings Inc • Non-operating establishments
WHEREAS Symmetry, Acquistionco and the Company entered into an arrangement agreement dated the date hereof (the “Arrangement Agreement”) in contemplation of a statutory plan of arrangement (the “Arrangement”) under Section 192 of the Canada Business Corporations Act on the terms and subject to the conditions set out in the Arrangement Agreement;
