EXHIBIT 99.38 ------------- AMENDED AND RESTATED MANAGEMENT AGREEMENT COMPUTERSHARE TRUST COMPANY OF CANADAManagement Agreement • November 16th, 2005 • Advantage Energy Income Fund • Alberta
CREDIT AGREEMENT Dated as of August 15, 2018 among AKUMIN INC., as Holdings, AKUMIN CORP., as the Borrower, BBVA COMPASS, as Administrative Agent, Swing Line Lender and L/C Issuer, the Other Lenders Party Hereto BANK OF NOVA SCOTIA, as Syndication...Credit Agreement • August 28th, 2020 • Akumin Inc. • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of August 15, 2018 among Akumin Inc., an Ontario corporation (“Holdings”), Akumin Corp., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), Compass Bank d/b/a BBVA Compass, as Administrative Agent, Swing Line Lender and an L/C Issuer, and BBVA Securities Inc. as Lead Arranger (“BSI”).
SHAREHOLDER RIGHTS PLAN AGREEMENT April 22, 2017 between NEXGEN ENERGY LTD. and COMPUTERSHARE INVESTOR SERVICES INC. as Rights AgentShareholder Rights Plan Agreement • April 27th, 2017 • NexGen Energy Ltd. • British Columbia
ORGANIGRAM HOLDINGS INC. as the Corporation and TSX TRUST COMPANY as the Warrant Agent WARRANT INDENTURE Providing for the Issue of Warrants Dated as of December 18, 2017Organigram Holdings Inc. • April 29th, 2019 • Ontario
ANDRoyalty Agreement • June 5th, 2007 • Transition Therapeutics Inc. • Ontario
TAHOE RESOURCES INC. SHAREHOLDER RIGHTS PLAN AGREEMENT DATED AS OF APRIL 1, 2011 BETWEEN TAHOE RESOURCES INC. AND COMPUTERSHARE INVESTOR SERVICES INC. AS RIGHTS AGENT Effective: April 1, 2011Shareholder Rights Plan Agreement • April 30th, 2012 • Tahoe Resources Inc. • British Columbia
NOW THEREFORE, in consideration of the premises and the respective covenants and agreements set forth herein, and subject to such covenants and agreements, the parties hereby agree as follows:
ENCORE ENERGY CORP.Warrant Indenture • August 30th, 2022 • Encore Energy Corp. • British Columbia
COMPUTERSHARE TRUST COMPANY OF CANADA, a trust company existing under the laws of Canada and authorized to carry on business in all provinces of Canada (the “Warrant Agent”)
CYBIN INC. - and – ODYSSEY TRUST COMPANY WARRANT INDENTURE Providing for the Issue of up to 8,107,720 Common Share Purchase Warrants February 4, 2021Cybin Inc. • July 26th, 2021 • Ontario
ODYSSEY TRUST COMPANY, a trust company incorporated under the laws of Alberta and authorized to carry on business in the provinces of Alberta and British Columbia (the “Warrant Agent”)
THE VALENS COMPANY INC. as the Purchaser and CITIZEN STASH CANNABIS CORP. as the Company ARRANGEMENT AGREEMENT AUGUST 30, 2021Arrangement Agreement • November 17th, 2021 • Valens Company, Inc. • British Columbia
VOTING AGREEMENTVoting Agreement • January 23rd, 2009 • HudBay Minerals Inc. • Metal mining • Ontario
AND WHEREAS the Shareholder understands that HudBay and Lundin Mining Corporation (“Lundin”) are, concurrently with the execution and delivery of this Agreement, executing and delivering the Arrangement Agreement providing for the Arrangement;
FIRST LIEN CREDIT AGREEMENT Dated as of August 1, 2014 Among AMAYA GAMING GROUP INC., as Parent, AMAYA HOLDINGS COÖPERATIVE U.A., as Holdings, AMAYA HOLDINGS B.V., as Dutch Borrower and AMAYA (US) CO-BORROWER, LLC, as Co-Borrower The Several Lenders...First Lien Credit Agreement • May 26th, 2015 • Amaya Inc. • New York
FIRST LIEN CREDIT AGREEMENT, dated as of August 1, 2014 (this “Agreement”), is made by and among AMAYA GAMING GROUP INC., a company incorporated under the laws of Quebec (“Parent”), AMAYA HOLDINGS COÖPERATIEVE U.A., a coöperatie met uitgesloten aansprakelijkheid incorporated under the laws of the Netherlands (“Holdings”), AMAYA HOLDINGS B.V., a besloten vennootschap incorporated under the laws of the Netherlands (the “Dutch Borrower”), AMAYA (US) CO-BORROWER, LLC, a Delaware limited liability company (the “Co-Borrower”), the Lenders party hereto from time to time, and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and Collateral Agent.
UNDERWRITING AGREEMENTUnderwriting Agreement • November 17th, 2021 • Valens Company, Inc. • Ontario
INDENTURE Made as of January 31, 2018 Between ORGANIGRAM HOLDINGS INC. (the “Corporation”) and TSX TRUST COMPANY (the “Trustee”)Indenture • April 29th, 2019 • Organigram Holdings Inc. • Ontario
Reference is hereby made to the Indenture, dated as of January 31, 2018 (the “Indenture”), between ORGANIGRAM HOLDINGS INC., as issuer (the “Corporation”), and TSX TRUST COMPANY, as trustee. Capitalized terms used but not defined herein shall have the meanings given to them in the Indenture.
BETWEENCollaboration Agreement • June 5th, 2007 • Transition Therapeutics Inc. • New York
DEFI VENTURES INC.Subscription Receipt Agreement • August 19th, 2022 • WonderFi Technologies Inc. • British Columbia
Computershare Trust Company of Canada, a trust company existing under the laws of Canada (the “Subscription Receipt Agent”)
SHAREHOLDER RIGHTS PLAN AGREEMENT DATED AS OF OCTOBER 20, 2009, BETWEEN 7050372 CANADA INC. AND CIBC MELLON TRUST COMPANY AS RIGHTS AGENTShareholder Rights Plan Agreement • October 29th, 2009 • Cenovus Energy Inc. • Alberta
MEMORANDUM OF AGREEMENT dated as of October 20, 2009, between 7050372 Canada Inc. (the “Corporation”), a corporation incorporated under the Canada Business Corporations Act, and CIBC Mellon Trust Company, a trust company incorporated under the laws of Canada (the “Rights Agent”);
AGENCY AGREEMENTAgency Agreement • August 16th, 2021 • mCloud Technologies Corp. • British Columbia
Raymond James Ltd. (the “Lead Agent”), acting as sole bookrunner, and on behalf of itself and a syndicate of agents including Paradigm Capital Inc. (“Paradigm”, together with the Lead Agent, the “Agents”, and each individually, an “Agent”), understands that mCloud Technologies Corp. (the “Corporation”) is contemplating a private placement offering of up to 2,875,000 special warrants of the Corporation (the “Special Warrants”) at a price of $4.00 per Special Warrant (the “Issue Price”) on a “best efforts”, private placement basis for aggregate gross proceeds of up to $11,500,000 (the “Offering”).
SANDSTORM GOLD LTD. as Borrower - and – THE BANK OF NOVA SCOTIA as Lead Arranger, Sole Bookrunner and Administrative Agent - and – THE SEVERAL LENDERS FROM TIME TO TIME PARTY THERETO as Lenders CREDIT AGREEMENT Dated as of January 10, 2012 [Fasken...Credit Agreement • July 27th, 2012 • Sandstorm Gold LTD • Ontario
CREDIT AGREEMENT dated as of January 10, 2012 among Sandstorm Gold Ltd., a corporation incorporated under the laws of the Province of British Columbia (the “Borrower”), the lending institutions from time to time parties hereto as Lenders (each a “Lender” and, collectively, the “Lenders”) and The Bank of Nova Scotia as Administrative Agent.
VOTING SUPPORT AGREEMENTVoting Support Agreement • May 26th, 2015 • Amaya Inc.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged) the parties hereto agree as follows:
UNDERWRITING AGREEMENTUnderwriting Agreement • March 22nd, 2021 • High Tide Inc. • Alberta
The Warrants (as defined herein) shall be created and issued pursuant to a warrant indenture (the “Warrant Indenture”) in a form acceptable to the Lead Underwriters, on behalf of the Underwriters, to be dated as of the Closing Date between the Company and the Warrant Agent (as defined herein), in its capacity as warrant agent. The description of the Warrants herein is a summary only and is subject to the specific attributes and detailed provisions of the Warrants to be set forth in the Warrant Indenture. In case of any inconsistency between the description of the Warrants in this Agreement and the terms of the Warrants set forth in the Warrant Indenture, the provisions of the Warrant Indenture will govern.
AURORA CANNABIS INC. as Borrower - and - THE LENDERS FROM TIME TO TIME PARTY TO THIS AGREEMENT as Lenders - and - BANK OF MONTREAL as Administrative Agent - and - BANK OF MONTREAL as Lead Arranger and Sole BookrunnerCredit Agreement • October 5th, 2018 • Aurora Cannabis Inc • Ontario
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each party, the parties agree as follows:
AGENCY AGREEMENTAgency Agreement • June 11th, 2018 • Titan Medical Inc • Ontario
Bloom Burton Securities Inc. (the “Agent”) understands that Titan Medical Inc. (the “Corporation”) proposes to issue and sell a minimum of 33,333,333 units of the Corporation (the “Offered Units”) and up to a maximum of 50,000,000 Offered Units at a price of $0.30 per Offered Unit (the “Offering Price”) for aggregate gross proceeds of a minimum of $10,000,000 (the “Minimum Offering”) up to a maximum of $15,000,000 (the “Maximum Offering”). Each Offered Unit shall consist of (i) one Common Share (as defined herein) (a “Unit Share”) and (ii) one Common Share purchase warrant (a “Warrant”). Each Warrant shall be issued pursuant to and subject to the terms of the Warrant Indenture (as defined herein) Each Warrant shall entitle the holder thereof to purchase one Common Share (a “Warrant Share”) at an exercise price of $0.35 per Warrant Share, subject to adjustment, at any time until 5:00 p.m. (Toronto time) on the date that is five years after the Initial Closing Date (as defined herein).
UNDERWRITING AGREEMENTUnderwriting Agreement • January 18th, 2019 • Village Farms International, Inc. • Agricultural production-crops • Ontario
Beacon Securities Limited (“Beacon”), as lead underwriter and sole bookrunner, and GMP Securities L.P., as underwriters (together with Beacon, the “Underwriters”) hereby severally, and not jointly and severally, offer and agree to purchase, on a “bought deal” basis in the Qualifying Jurisdictions (as defined herein) from Village Farms International, Inc. (the “Company”), and the Company hereby agrees to issue and sell to the Underwriters an aggregate of 2,810,000 common shares (the “Initial Shares”) in the capital of the Company at the purchase price of $7.13 per Initial Share (the “Issue Price”), for aggregate gross proceeds of $20,035,300, upon and subject to the terms and conditions contained herein (the “Offering”). After a reasonable effort has been made to sell all of the Offered Shares at the Issue Price, the Underwriters may subsequently reduce the selling price to investors from time to time, provided that any such reduction in the Issue Price shall not affect the aggregate gr
STIKEMAN ELLIOTT LLPKirkland Lake Gold Ltd. • August 7th, 2017 • Ontario
NOW THEREFORE in consideration of the premises, covenants and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereby covenant, agree and declare as follows:
IM CANNABIS CORP. and TRICHOME FINANCIAL CORP. ARRANGEMENT AGREEMENT December 30, 2020Arrangement Agreement • February 12th, 2021 • IM Cannabis Corp. • Ontario
UNDERWRITING AGREEMENTUnderwriting Agreement • September 7th, 2012 • Bellatrix Exploration Ltd. • Alberta
National Bank Financial Inc., Canaccord Genuity Corp., and Wellington West Capital Markets Inc. (collectively, the “Underwriters”) understand that Bellatrix Exploration Ltd. (the “Corporation”) proposes to issue and sell 9,822,000 Common Shares (as defined herein) of the Corporation (the “Firm Shares”) at a price of $5.60 per Firm Share. We also understand that the Corporation will prepare and file, in accordance with the terms hereof, the Preliminary Prospectus (as defined herein), the Prospectus (as defined herein) and all other necessary documents in order to qualify the Firm Shares for distribution to the public in each of the Qualifying Provinces (as defined herein).
TRUST INDENTURETrust Indenture • January 18th, 2006 • Canetic Resources Trust • Alberta
STARPOINT ENERGY TRUST, an open-ended unincorporated investment trust governed by the laws of the Province of Alberta and having its head office in the City of Calgary, in the Province of Alberta (hereinafter called the “Trust”)
AGENCY AGREEMENTAgency Agreement • June 30th, 2021 • Standard Lithium Ltd. • Ontario
Roth Canada ULC (“Roth Canada”) and Echelon Wealth Partners Inc. (“Echelon”, together with Roth Canada, the “Co-Lead Agents”) as joint bookrunners and Roth Capital Partners, LLC (“Roth USA”) as exclusive United States placement agent (together with the Co-Lead Agents, the “Agents” and each an “Agent”) each severally, and not jointly nor jointly and severally, understands that Standard Lithium Ltd. (the “Corporation”) proposes to issue an aggregate of 13,650,000 common shares of the Corporation (the “Initial Shares”), at a price of $2.20 per common share (the “Issue Price”), upon and subject to the terms and conditions set forth in this Agency agreement (this “Agreement ”).
UNDERWRITING AGREEMENTUnderwriting Agreement • January 8th, 2019 • CannTrust Holdings Inc. • Ontario
Canaccord Genuity Corp. and Canaccord Genuity Group of Companies (collectively, “Canaccord”) and GMP Securities L.P. (“GMP”), as co-lead underwriters (collectively, Canaccord and GMP are referred to herein as the “Co-Lead Underwriters”), Echelon Wealth Partners, Bloom Burton Securities Inc., Cormark Securities Inc. and Haywood Securities Inc. (together with the Co-Lead Underwriters, the “Underwriters” and each individually an “Underwriter”) each hereby, severally, and not jointly nor jointly and severally, offers and agrees to purchase for resale, on a “bought deal” basis, on the basis of the respective percentages set forth opposite the name of each Underwriter in Section 17.1, from CannTrust Holdings Inc. (the “Company”) an aggregate of 9,700,000 units (the ” Initial Units”) of the Company at a price of $9.00 per Unit (the “Purchase Price”), upon and subject to the terms and conditions set forth in this underwriting agreement (this “Agreement”) and in accordance with the Offering Doc
SUPPORT AGREEMENTArrangement Agreement • August 11th, 2011 • Primero Mining Corp • British Columbia
WHEREAS Northgate and Primero propose to effect a business combination by way of a plan of arrangement under the provisions of the Business Corporations Act (British Columbia);
ENERGY FUELS INC. and CIBC MELLON TRUST COMPANY WARRANT INDENTURE Providing for the Issue of Common Share Purchase Warrants Dated as of June 13, 2013Energy Fuels Inc • November 15th, 2013 • Ontario
ENERGY FUELS INC., a corporation existing under the laws of Ontario and having its registered office in the City of Toronto, in the Province of Ontario
UNDERWRITING AGREEMENTUnderwriting Agreement • June 27th, 2022 • Vox Royalty Corp. • Ontario
BMO Nesbitt Burns Inc. and Cantor Fitzgerald Canada Corporation, as joint bookrunners and co-lead underwriters (the “Co-Lead Underwriters”), along with Stifel Nicolaus Canada Inc. and Red Cloud Securities Inc. (together with the Co-Lead Underwriters, the “Underwriters” and each individually an “Underwriter”) hereby severally, and not jointly or jointly and severally, offer to purchase from Vox Royalty Corp. (the “Company”), in the respective percentages set forth in Section 23 hereof, and the Company hereby agrees to issue and sell to the Underwriters, upon and subject to the terms hereof, an aggregate of 5,000,000 units (the “Offered Units”) of the Company, on an “overnight marketed” basis, at a price of $3,00 per Offered Unit (the “Offering Price”) for aggregate gross proceeds of $15,000,000. Each Offered Unit will be comprised of one ordinary share of the Company (each a “Unit Share”) and one-half of an ordinary share purchase warrant (each whole ordinary share purchase warrant, a “
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT AMONG JUST ENERGY ONTARIO L.P. and JUST ENERGY (U.S.) CORP. as Borrowers AND CANADIAN IMPERIAL BANK OF COMMERCE, as Administrative Agent and Sole Lead Arranger AND NATIONAL BANK OF CANADA, as Syndication...Credit Agreement • January 19th, 2012 • Just Energy Group Inc. • Ontario
JUST ENERGY ONTARIO L.P., a limited partnership existing under the laws of the Province of Ontario (hereinafter referred to as the “Canadian Borrower”)
INDENTURE dated as of April 16, 2015 between NORBORD INC., as Issuer, and COMPUTERSHARE TRUST COMPANY, N.A., as Trustee 6.250% SENIOR SECURED NOTES DUE 2023Indenture • February 9th, 2016 • Norbord Inc. • Lumber & wood products (no furniture) • New York
INDENTURE dated as of April 16, 2015, between Norbord Inc., a corporation existing under the federal laws of Canada, as issuer (the “Issuer”), and Computershare Trust Company, N.A., as trustee (the “Trustee”).
Royalty Purchase AgreementRoyalty Purchase Agreement • August 25th, 2006 • International Royalty Corp • British Columbia
Each of the Vendors wishes to sell, and the Purchaser wishes to purchase, the Royalties on the terms and conditions set forth in this Agreement; and
