ADJUSTMENTS TO THE RIGHTS. 3.1 Flip-in Event
ADJUSTMENTS TO THE RIGHTS. 28 3.1 Flip-in Event 28 3.2 Fiduciary Duties 30
ADJUSTMENTS TO THE RIGHTS. Section 3.1 Flip-In Event 34
ADJUSTMENTS TO THE RIGHTS. (a) Subject to Subsection 3.1(b) and Section 5.1, in the event that prior to the Termination Time a Flip-in Event shall occur, each Right shall constitute, effective at the close of business on the tenth Trading Day after the Stock Acquisition Date, the right to purchase from the Corporation, upon exercise thereof in accordance with the terms hereof, that number of Common Shares having an aggregate Market Price on the date of consummation or occurrence of such Flip-in Event equal to twice the Exercise Price for an amount in cash equal to the Exercise Price (such right to be appropriately adjusted in a manner analogous to the applicable adjustment provided for in Section 2.3 in the event that after such consummation or occurrence, an event of a type analogous to any of the events described in Section 2.3 shall have occurred).
ADJUSTMENTS TO THE RIGHTS. (a) Subject to Section 3.1(b), Section 5.1 and Section 5.2, in the event that prior to the Expiration Time a Flip-In Event occurs, each Right will constitute, effective on the close of business on the tenth Trading Day after the Voting Share Acquisition Date (or such longer period as may be required to satisfy the requirements of the Securities Act and any comparable legislation of any other applicable jurisdiction), the right to purchase from the Corporation, upon payment of the Exercise Price and otherwise exercising such Right in accordance with the terms of this Agreement, that number of Common Shares having an aggregate Market Price on the date of such Flip-In Event equal to twice the relevant Exercise Price for an amount in cash equal to the relevant Exercise Price (such Right to be appropriately adjusted in a manner analogous to the applicable adjustment provided for in Section 2.3, if after the occurrence of such Flip-In Event, an event of a type analogous to any of the events described in Section 2.3 will have occurred).
ADJUSTMENTS TO THE RIGHTS. ON FLIP-IN EVENT 32 3.1 Flip-in Event 32 3.2 Exchange Option 34
ADJUSTMENTS TO THE RIGHTS. 28 3.1 FLIP-IN EVENT....................................................28
ADJUSTMENTS TO THE RIGHTS. IN THE EVENT OF A FLIP-IN EVENT
ADJUSTMENTS TO THE RIGHTS. 22 3.1 Flip-In Event 22 3.2 Fiduciary Duties of the Board of Directors 23 ARTICLE 4 - THE RIGHTS AGENT 23 4.1 General 23 4.2 Merger or Amalgamation or Change of Name of Rights Agent 24 4.3 Duties of Rights Agent 25 4.4 Change of Rights Agent 26 ARTICLE 5 - MISCELLANEOUS 27 5.1 Redemption and Waiver 27 5.2 Expiration 29 5.3 Issuance of New Rights Certificates 29 5.4 Supplements and Amendments 29 5.5 Fractional Rights and Fractional Common Shares 29 5.6 Rights of Action 29 5.7 Regulatory Approvals 30 5.8 Notice of Proposed Actions 30 5.9 Notices 30 5.10 Declaration as to Non-Canadian Holders 31 5.11 Costs of Enforcement 31 5.12 Successors 32 5.13 Benefits of this Agreement 32 5.14 Governing Law 32 5.15 Severability 32 5.16 Effective Date and Expiration Time 32 5.17 Determination and Actions by the Board of Directors 33 5.18 Time of the Essence 33 5.19 Execution In Counterparts 33 AMENDED AND RESTATED SHAREOWNER RIGHTS PLAN AGREEMENT MEMORANDUM OF AGREEMENT, dated as of May 24, 2007, between Cott Corporation, a company incorporated under the laws of Canada (the “Company”) and Computershare Investor Services Inc., a corporation incorporated under the laws of Canada (the “Rights Agent”, which term shall include any successor Rights Agent hereunder);
ADJUSTMENTS TO THE RIGHTS. ON FLIP-IN EVENT 32 3.1 Flip-in Event 32 ARTICLE 4 - THE RIGHTS AGENT 34 4.1 General 34 4.2 Merger, Amalgamation or Consolidation or Change of Name of Rights Agent 35 4.3 Duties of Rights Agent 35 4.4 Change of Rights Agent 37 TABLE OF CONTENTS (continued) 4.5 Compliance with Money Laundering Legislation 38 4.6 Privacy Provision 38 ARTICLE 5- MISCELLANEOUS 38 5.1 Redemption and Waiver 38 5.2 Expiration 40 5.3 Issuance of New Rights Certificates 41 5.4 Supplements and Amendments 41 5.5 Fractional Rights and Fractional Shares 42 5.6 Rights of Action 43 5.7 Notice of Proposed Actions 43 5.8 Notices 43 5.9 Costs of Enforcement 44 5.10 Successors 45 5.11 Benefits of this Agreement 45 5.12 Governing Law 45 5.13 Language 45 5.14 Severability 45 5.15 Effective Date and Renewal 45 5.16 Determinations and Actions by the Board of Directors 46
