Invecture definition
Examples of Invecture in a sentence
Invecture and the Offeror have made adequate arrangements to ensure that the required funds are available to effect payment in full of the consideration for all of the Common Shares acquired pursuant to the Offer.
This Agreement has been duly executed and delivered by Invecture and the Offeror and constitutes a legal, valid and binding obligation of Invecture and the Offeror, enforceable against each of them in accordance with its terms, subject to bankruptcy, insolvency and other applicable Laws affecting creditors’ rights generally, and to general principles of equity.
Invecture may exercise the Mill Purchase Decision Right at any time for a period of one year from February 7, 2012 (the “Exercise Period”) by sending to Vista, within the Exercise Period, a notice (the “Exercise Notice”) indicating that the Company shall purchase the Mill Equipment for the Purchase Price.
The initial amounts to be recorded in the Tracking Account of each of Invecture and DZHC shall be equal to the Initial Contribution of each Shareholder deemed pursuant to Section 5.1. For greater certainty, the Tracking Accounts are intended to track the actual and deemed capital contributions of the Shareholders for determining each Shareholder’s Proportionate Share and is separate from the capital of the Company for LGSM purposes.
Notwithstanding Section 5.1, Invecture shall pay on behalf of the Company, by way of a non-interest bearing loan to the Company, the permit fees due to SEMARNAT after obtaining the authorization.
In addition to any other obligations set out in this Article 5, Invecture shall, during the Earn-in Period, use its commercially reasonable efforts to maintain and protect the reputation of the Company and shall conduct itself and the Company’s operations with a view to enhancing the public image of the Company.
Except pursuant to the Lock-Up Agreements, no director or officer of Kimber shall have any personal liability whatsoever to Invecture or the Offeror under this Agreement or any other document delivered in connection with the transactions contemplated hereby on behalf of Kimber.
Subject to the terms and conditions of this Article 9, Invecture hereby subscribes for and agrees to purchase from Kimber, and Kimber agrees to sell and issue to Invecture, 20,000,000 Common Shares (the “Subscription Shares”) at a subscription price of Cdn$0.10 per share on the terms set out in this Article 9 (the “Private Placement”).
Subject to Section 2.2, Invecture and the Vista Parties hereby confirm and agree that the Earn-in Right Agreement is hereby terminated with immediate effect and the Earn-in Right Agreement shall hereafter in all respects be ineffective and all interests, rights, obligations and/or liabilities created under the Earn-in Right Agreement shall be extinguished.
In order for the assignment to be effective (i) Invecture must give notice to the Vista Parties, and (ii) the transferee corporation must sign a counterpart of this Agreement acknowledging that it is legally bound to the terms and conditions hereof.