Examples of Vista DZ Shareholders in a sentence
During the Earn-in Period, Invecture shall be entitled to nominate for election to the Company’s Board two members and his/her respective alternates and the Vista DZ Shareholders shall be entitled to nominate for election to the Company’s Board one member and his/her alternate.
The Vista DZ Shareholders hereby acknowledge that upon the due and valid exercise of the Earn-in Right, as part of the Closing, the Control Shares will be fully paid by and owned by Invecture.
At anytime during the Earn-in Period, provided that the Exercise Conditions have been met (or waived in writing prior to the end of the Earn-in Period by the Vista DZ Shareholders in their sole discretion), Invecture shall have the right to deliver, within the Earn-in Period, written notice (the “Exercise Notice”) to the Vista DZ Shareholders notifying them that Invecture intends to exercise the Earn-in Right and require completion of the Closing Transactions.
Not more than 5 Business Days after receipt by the Vista DZ Shareholders of the Exercise Notice, the Vista DZ Shareholders shall respond either confirming the proposed date or providing a proposed alternative date which better suits the Vista DZ Shareholders, which alternative Closing Date must be within 15 days following the Closing Date proposed by Invecture, which alternative date shall thereupon be deemed the Closing Date.
Shares After issuance of the Control Shares, the Vista DZ Shareholders will own and will remain throughout the Earn-in Period the beneficial owner of 40% of the issued Common Shares (subject to adjustment in accordance with Section 3.7), free of any Encumbrances of any kind or nature except as provided in the Trust Agreement.
In connection with such issuances, the Vista DZ Shareholders hereby waive any and all rights of first refusal or pre-emptive rights that the Vista DZ Shareholders may have in respect of the issuance of the one Common Share to Invecture and the Control Shares to the Trust Agent, and Invecture’s subsequent subscription and payment for the Control Shares, in accordance with the terms of this Agreement.
Upon 30-days prior written notice to the Vista DZ Shareholders, Invecture shall have the right any time during the Earn-in Period to force the Company to either (i) transfer the La Testera property to a third party for valuable consideration, plus the assumption by the third party of all associated liabilities and obligations connected with the La Testera property and an indemnity from the third party in favour of the Company; or (ii) to terminate the Company’s option on the La Testera property.