Excellon definition
Examples of Excellon in a sentence
Silver Eagle shall, in consultation with Excellon, use all commercially reasonable efforts to abridge the timing contemplated by National Instrument 54-101 – Communication with Beneficial Owners of Securities of a Reporting Issuer, as provided in Section 2.20 thereof (it being agreed that such efforts shall not necessarily include the making of an application for a waiver or exemption from such National Instrument).
Excellon has not filed any confidential material change report with any Securities Authority which at the date hereof remains confidential.
The directors of Excellon shall have adopted all necessary resolutions and all other necessary corporate action shall have been taken by Excellon to permit the consummation of the Arrangement.
Subject to the terms of this Agreement, Excellon will cooperate with, assist and consent to Silver Eagle seeking the Interim Order and the Final Order, including by providing Silver Eagle on a timely basis any information required to be supplied by Excellon in connection therewith.
Each of Excellon and Silver Eagle irrevocably waives any respective rights they may have to raise as a defence that any such liquidated damages are excessive or punitive.
Excellon and the Excellon Subsidiaries have obtained all authorizations necessary for the ownership, operation, development, maintenance, or use of the material assets of Excellon or the Excellon Subsidiaries or otherwise in connection with the material business or operations of Excellon or the Excellon Subsidiaries as presently carried on, and such authorizations are in full force and effect in all material respects.
The operations of Excellon are and have been conducted at all times in compliance with applicable Money Laundering Laws, and no action, suit or proceeding by or before any Governmental Entity involving Excellon with respect to the Money Laundering Laws is pending or to Excellon's knowledge threatened.
Between the date of this Agreement and the Effective Time, there shall not have been any event or change that has had or would be reasonably likely to have a Material Adverse Effect on Excellon, and ▇▇▇▇ shall have received a certificate of Excellon, addressed to ▇▇▇▇ and dated the Effective Date, signed on behalf of Excellon by a senior officer of Excellon (on Excellon's behalf and without personal liability), confirming the same as of the Effective Date.
Excellon may elect, at its sole discretion, to make such securities and other regulatory filings in the United States or other jurisdictions as may be necessary or desirable in connection with the completion of the Arrangement.
In such circumstances, the Registered Holder ultimately entitled to receive Excellon Common Shares hereunder shall be deemed to have surrendered such entitlement to Excellon, respectively, or its successor entity, as applicable, together with all entitlement to dividends, distributions and cash thereon held for such former Silver Eagle Shareholder for no consideration.