Offeror’s Securities means Common Shares Beneficially Owned on the date of an Offer to Acquire by any Person who is making a Take-over Bid and “Offeror” means a Person who has announced a current intention to make or is making a Take-over Bid.
In all circumstances the proposed consideration for any Offeror’s Securities must be in cash and/or Marketable Securities.
If (i) the Corporation gives notice pursuant to Section 6.2(a) to purchase all of the Offeror’s Securities or (ii) the Other Shareholders, or any of them, give Acceptance Notices within the Acceptance Period confirming their agreement to purchase all of the Offeror’s Securities not to be purchased by the Corporation, the sale of the Offeror’s Securities to the Corporation and/or such Other Shareholders shall be completed within 15 Business Days of the expiry of the Acceptance Period.
Any Shareholder not giving notice within the Acceptance Period under this Section 6.3 shall be deemed to have declined to exercise its tag-along rights under this Section 6.3 If any of the Other Shareholders exercises its rights hereunder, the purchase and sale of the Shares and Convertible Securities of the Corporation to the Third Party Offeror pursuant to the Transfer Notice shall be completed at the same time as the purchase and sale of the Offeror’s Securities and as part of the same closing.
Subject to Sections 6.2(a) and (b), within the Acceptance Period, each of the Other Shareholders may give to the Transferring Shareholder an Acceptance Notice accepting the offer contained in the Transfer Notice and specifying the maximum number of the Offeror’s Securities not to be purchased by the Corporation that it wishes to acquire (which number may be greater than or less than its Pro Rata Share).
If such Transfer is not consummated within such 60 Business Day period, the Transferring Shareholder will not Transfer any of the Offeror’s Securities without again complying with all of the provisions of Section 6.1 and Section 6.2.
More definitions of Offeror’s Securities
Offeror’s Securities means Voting Shares Beneficially owned by an Offeror and by any Person acting jointly or in concert with such Person on the date of the Offer to Acquire;
Offeror’s Securities means securities of an offeree issuer beneficially owned, or over which control or direction is exercised, on the date of an offer to acquire, by an offeror or any person acting jointly or in concert with the offeror;
Offeror’s Securities means Voting Shares Beneficially Owned by an Offeror, any Affiliate or Associate of such Offeror or any Person acting jointly or in concert with the Offeror, or with any Affiliate or Associate of the Offeror, or any Affiliate or Associate of such Persons so acting jointly or in concert.