TAVIX definition
Examples of TAVIX in a sentence
All representations and warranties of TAVIX contained herein or contained in any document delivered pursuant to this Agreement or in connection with the Rights Offering herein contemplated, shall survive the completion of the purchase of Securities by TAVIX and shall continue in full force and effect notwithstanding any investigation, inquiry or other steps which may be taken by or on behalf of Catalyst.
Subject to Section 9.3, TAVIX shall be entitled, by giving written notice to Catalyst at any time prior to the time at which it is required to subscribe for Subscription Receipts hereunder, to terminate and cancel, without any liability on its part, its obligations under this Agreement, if the Standby Purchase Agreement is terminated by Catalyst or either of the Standby Purchasers..
To the extent that certain of the representations and warranties made by Catalyst pursuant to Section 5.1 of the Standby Purchase Agreement constitute covenants, Catalyst hereby covenants to TAVIX to satisfy and discharge the same in accordance the terms thereof as if such covenants were made directly to TAVIX herein.
Catalyst will make a public announcement regarding this Agreement (in a form satisfactory to TAVIX, acting reasonably) contemporaneously with (or that shall be included within) the public announcement to be made by Catalyst regarding the Snowflake Acquisition and/or the Rights Offering.
Subject to Section 9.3, if Catalyst, at any time and in its sole discretion, decides not to proceed with the Rights Offering it shall be entitled, by giving written notice to TAVIX, to terminate and cancel this Agreement.
If the Company proposes to file a registration statement with respect to an underwritten offering of its Common Shares, for its own account or for the account of any holder of the Common Shares, the Company will give written notice of the proposed filing to TAVIX.
In addition, Catalyst hereby agrees that if, as a result of the Rights Offering or at any time thereafter, Catalyst is deemed to be a “controlled foreign corporation” for U.S. tax purposes, Catalyst shall cooperate (at its own expense) with TAVIX and TAM and provide such additional financial reporting and information, on a timely basis and in such form, as may be required to enable TAVIX to satisfy its obligations under U.S. tax law relating to its interest in Catalyst.
Catalyst shall in good faith discuss with TAVIX any fact or change in circumstances (actual, anticipated, contemplated or threatened, financial or otherwise) which is of such a nature that there is reasonable doubt whether written notice need be given under this Section 4.1.
The rights of termination contained in this Section 9.2 may be exercised by TAVIX and, subject to Section 9.3, are in addition to any other rights or remedies that TAVIX may have in respect of any default, act or failure to act of Catalyst in respect of any matters contemplated by this Agreement.
TAVIX shall pay the aggregate purchase price that is payable for the Subscription Receipts to be purchased by it hereunder (both its pro rata portion and the amount for which it oversubscribes) prior to the Expiry Time in accordance with the terms of the Rights Offering.