Common use of Flip-in Event Clause in Contracts

Flip-in Event. (a) Subject to Section 3.3, in the event that prior to the Expiration Date a Flip-in Event shall occur, the Company shall take such action as shall be necessary to ensure and provide, within five (5) Business Days or such longer period as may be required to satisfy the requirements of the Securities Act and the Exchange Act that, except as provided below, such Right shall thereafter constitute the right to purchase from the Company, upon exercise thereof in accordance with the terms hereof, that number of Common Shares of the Company having an aggregate Market Price on the date of consummation or occurrence of such Flip-in Event equal to the Exercise Price for an amount in cash equal to one-half (1/2) 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 date of consummation or occurrence an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Shares).

Appears in 3 contracts

Samples: Rights Agreement (Fx Energy Inc), Rights Agreement (Fx Energy Inc), Rights Agreement (Foreland Corp)

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Flip-in Event. (a) Subject to Section 3.3, in the event that prior to the Expiration Date a Flip-in Event shall occur, the Company shall take such action as shall be necessary to ensure and provide, within five (5) Business Days or such longer period as may be required to satisfy the requirements of the Securities Act and the Exchange Act that, except as provided below, such Right shall thereafter constitute the right to purchase from the Company, upon exercise thereof in accordance with the terms hereof, that number of Common Shares of the Company having an aggregate Market Price on the date of consummation or occurrence of such Flip-in Event equal to the Exercise Price for an amount in cash equal to one-half (1/2) 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 date of consummation or occurrence an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Shares).

Appears in 2 contracts

Samples: Rights Agreement (Utah Medical Products Inc), Rights Agreement (Sento Corp)

Flip-in Event. (a) Subject to Subsection 3.1(b) and Section 3.35.1, in the event that prior to the Expiration Date Time a Flip-in Event shall occur, each Right shall constitute, effective on the Company shall take such action as shall be necessary to ensure and provide, within five close of business on the tenth Trading Day after the Voting Unit Acquisition Date (5) Business Days or such longer period as may be required to satisfy the requirements of the Securities Act and the Exchange Act thatany comparable legislation of any other applicable jurisdiction), except as provided below, such Right shall thereafter constitute the right to purchase from the CompanyTrust, upon exercise thereof payment of the Exercise Price and otherwise exercising such Right in accordance with the terms hereof, that number of Common Shares of the Company Units having an aggregate Market Price on the date of consummation or occurrence of such Flip-in In Event equal to twice the relevant Exercise Price for an amount in cash equal to one-half (1/2) the relevant Exercise Price (such right Right to be appropriately adjusted in a manner analogous to the applicable adjustment provided for in Section 2.3 in the event that after the occurrence of such date of consummation or occurrence Flip-In Event, an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Sharesoccurred).

Appears in 2 contracts

Samples: Rights Plan Agreement, Unitholder Rights Plan Agreement

Flip-in Event. (a) Subject to Section 3.33.1(b) and Section 5.1, in the event that if prior to the Expiration Date Time a Flip-in Event occurs, each Right shall occurconstitute, effective at the Company shall take such action as shall be necessary to ensure and provide, within five close of business on the 10th Trading Day after the Share Acquisition Date (5) Business Days or such longer period as may be required to satisfy the requirements of applicable securities laws of each of the Securities Act provinces and the Exchange Act thatterritories of Canada), except as provided below, such Right shall thereafter constitute the right to purchase from the CompanyCorporation, upon exercise thereof payment of the Exercise Price and otherwise exercising such Right in accordance with the terms hereof, that number of Common Shares of the Company having an aggregate Market Price on the date of the consummation or occurrence of such Flip-in Event equal to four times the Exercise Price for an amount in cash equal to one-half (1/2) the Exercise Price (such right Right to be appropriately adjusted in a manner analogous to the applicable adjustment provided for in Section 2.3 in the event even that after such date of consummation or occurrence that Share Acquisition Date an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Sharesoccurred).

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (SSR Mining Inc.), Shareholder Rights Plan Agreement (Silver Standard Resources Inc)

Flip-in Event. (a) Subject to Section 3.33.1(b) and Section 5.1, in the event that prior to the Expiration Date Time a Flip-in Event shall occur, then each Right shall constitute, effective at the Company shall take such action as shall be necessary to ensure and provide, within five close of business on the tenth Trading Day (5) Business Days 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) after the Exchange Act thatShare Acquisition Date, except as provided below, such Right shall thereafter constitute the right to purchase from the CompanyCorporation, upon exercise thereof of the Right in accordance with the terms hereofof this Agreement, that number of Common Shares of the Company 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 one-half (1/2) 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 date of the consummation or occurrence or event, an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Sharesoccurred).

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (ATS Corp /ATS), Shareholder Rights Plan Agreement (ATS Corp /ATS)

Flip-in Event. (a) 3.1.1 Subject to Section 3.33.1.2 and Section 5.1, in the event that if prior to the Expiration Date Time a Flip-in Event occurs, each Right shall occurthereafter constitute, effective at the Company shall take such action as shall be necessary to ensure and provide, within five Close of Business on the tenth Business Day after the Share Acquisition Date (5) Business Days or such longer period as may be required to satisfy the requirements of the Securities Act securities laws or comparable legislation of each of the provinces and the Exchange Act thatterritories of Canada), except as provided below, such Right shall thereafter constitute the right to purchase from the CompanyCorporation, upon exercise thereof in accordance with the terms hereof, that number of Common Shares of the Company having as have an aggregate Market Price on the date of the consummation or occurrence of such Flip-in Event equal to four times the Exercise Price for upon payment of an amount in cash equal to one-half (1/2) 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 if, after such date of consummation or occurrence occurrence, an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Shares).

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement

Flip-in Event. (a) Subject to Section 3.33.1(b) and Sections 5.1, in the event that prior to the Expiration Date Time a Flip-in Event shall occur, the Company Corporation shall take such action as shall may be necessary to ensure and provide, provide within five (5) 8 Business Days of such occurrence, or such longer period as may be required to satisfy the all requirements of the Securities Act and the Exchange Act applicable securities legislation that, except as provided below, such each Right shall thereafter constitute the right to purchase from the Company, Corporation upon exercise thereof in accordance with the terms hereof, hereof that number of Common Shares of the Company Corporation having an aggregate Market Price on the date of consummation or the occurrence of such Flip-in Event equal to twice the Exercise Price for an amount in cash equal to one-half (1/2) the Exercise Price (such right 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 date of consummation or occurrence an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Shares).

Appears in 2 contracts

Samples: Shareholder Rights Plan Agreement (International Absorbents Inc), Shareholder Rights Plan Agreement (International Absorbents Inc)

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Flip-in Event. (a) Subject to Section 3.33.1(b) and Sections 5.1 and 5.2, in the event that prior to the Expiration Date Time a Flip-in Event shall occur, the Company Corporation shall take such action as shall be necessary to ensure and provide, within five (5) 10 Business Days thereafter or such longer period as may be required to satisfy the requirements of the Securities Act and the Exchange Act applicable securities laws or comparable legislation so that, except as provided below, such each Right shall thereafter constitute the right to purchase from the CompanyCorporation, upon exercise thereof in accordance with the terms hereof, that number of Common Shares of the Company 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 one-half (1/2) 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 date of consummation or occurrence occurrence, an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Sharesoccurred).

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement

Flip-in Event. (a) Subject to Section 3.3, in the event that prior to the Expiration Date a Flip-in In Event shall occur, the Company shall take such action as shall be necessary to ensure and provide, within five (5) Business Days or such longer period as may be required to satisfy the requirements of the Securities Act and the Exchange Act Act, that, except as provided below, such Right shall thereafter constitute the right to purchase from the Company, upon exercise thereof in accordance with the terms hereof, that number of Common Shares of the Company having an aggregate Market Price on the date of consummation or occurrence of such Flip-in In Event equal to the Exercise Price for an amount in cash equal to one-half (1/2) the Exercise Price (such right 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 date of consummation or occurrence an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Shares).

Appears in 1 contract

Samples: Rights Agreement (Fx Energy Inc)

Flip-in Event. (a) Subject to Section 3.33.1(b) and Sections 5.1 and 5.2, in the event that prior to the Expiration Date Time a Flip-in Event shall occur, the Company Partnership shall take such action as shall be necessary to ensure and provide, within five (5) 10 Business Days thereafter or such longer period as may be required to satisfy the requirements of the Securities Act and the Exchange Act applicable securities laws or comparable legislation so that, except as provided below, such each Right shall thereafter constitute the right to purchase from the CompanyPartnership, upon exercise thereof in accordance with the terms hereof, that number of Common Shares of the Company Units 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 one-half (1/2) 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 date of consummation or occurrence occurrence, an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Sharesoccurred).

Appears in 1 contract

Samples: Unitholder Rights Plan Agreement

Flip-in Event. (a) Subject to Section 3.33.1(b) and Section 5.1, in the event that prior to the Expiration Date Time a Flip-in Event shall occur, the Company Corporation shall take such action as shall may be necessary to ensure and provide, provide within five (5) 8 Business Days of such occurrence, or such longer period as may be required to satisfy the all requirements of the Securities Act and the Exchange Act applicable securities legislation that, except as provided below, such each Right shall thereafter constitute the right to purchase from the Company, Corporation upon exercise thereof in accordance with the terms hereof, hereof that number of Common Shares of the Company Corporation having an aggregate Market Price on the date of consummation or the occurrence of such Flip-in Event equal to twice the Exercise Price for an amount in cash equal to one-half (1/2) the Exercise Price (such right 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 date of consummation or occurrence an event of a type analogous to any of the events described in Section 2.3 shall have occurred with respect to such Common Shares).

Appears in 1 contract

Samples: Shareholder Rights Plan Agreement (International Absorbents Inc)

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