Common Share Offering Agreement Sample Contracts
letterhead of Brascan CorporationCommon Share Offering Agreement • October 7th, 2003 • Brascan Corp/ • Metal mining
Reference is made to the letter agreement dated July 29,2003 (the “Original Agreement”) between Noranda Inc. (the “Issuer”) and Brascan Corporation (“Brascan”). Capitalized terms used, but not otherwise defined, herein have the meanings given to them in the Original Agreement. Subsequent to the date of the Bid Letter, the Issuer and the Underwriters entered into an underwriting agreement in respect of the Offering and pursuant to which the Issuer granted to the Underwriters options to purchase common shares of the Issuer upon the terms and conditions of the Underwriters’ Option and the Over-Allotment Option, respectively, described in the initial paragraph of the Original Letter. Such underwriting agreement was subsequently amended to increase the number of common shares subject to the Over-Allotment Option and the parties hereto wish to reflect such amendment in the Original Agreement.