Common use of Instruments in Writing Clause in Contracts

Instruments in Writing. All actions which may be taken and all powers that may be exercised by the Noteholders at a meeting held as hereinbefore in this Article provided may also be taken and exercised by the holders of 662⁄3% of the principal amount of all the outstanding Notes by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 3 contracts

Samples: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.), Indenture (Sundial Growers Inc.)

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Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3% Holders holding at least sixty six and two-thirds percent (66 2/3%) of the principal amount of all the then outstanding Notes Rights by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 3 contracts

Samples: Arrangement Agreement (Pan American Silver Corp), Arrangement Agreement (Tahoe Resources Inc.), Arrangement Agreement

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3Holders holding at least 66 2/3% of all of the principal amount of all the then outstanding Notes Warrants by an instrument in writing signed in one or more counterparts and the expression "Extraordinary Resolution" when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: sedar-filings-backup.thecse.com, sedar-filings-backup.thecse.com

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3Holders entitled to acquire at least 51% of the principal amount Common Shares which may be acquired pursuant to the exercise of all of the then outstanding Notes Warrants by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 2 contracts

Samples: Dragonwave Inc, Dragonwave Inc

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3Holders entitled to acquire at least 66 2/3% of the principal amount Underlying Shares which may be acquired pursuant to the exercise of all of the then outstanding Notes Special Warrants by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Special (Sandspring Resources Ltd.)

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3% Holders holding at least sixty six and two-thirds percent (66 2/3%) of the principal amount of all the then outstanding Notes Rights by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indemnity Agreement

Instruments in Writing. All Except as otherwise provided herein, and except in respect of an Extraordinary Resolution, all actions which may be taken and all powers that may be exercised by the Noteholders Holders at a meeting held as hereinbefore in this Article provided may also be taken and exercised by the holders Holders of 662⁄366 2/3% of the aggregate principal amount of all the outstanding Notes Securities and by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signedcounterparts.

Appears in 1 contract

Samples: Great Basin Gold LTD

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3Holders entitled to acquire at least 66 2/3% of the principal amount Warrant Shares that may be acquired pursuant to the exercise of all of the then outstanding Notes Long-Term Warrants or Short-Term Warrants, as applicable, by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Warrant Indenture (Dragonwave Inc)

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Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article 10 provided may also be taken and exercised by the holders Holders of 662⁄3not less than 66 2/3% of the principal amount of all the Warrants then outstanding Notes by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture Agreement shall include an instrument so signed.

Appears in 1 contract

Samples: Warrant Agency Agreement (Columbia Care Inc.)

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3Holders entitled to acquire at least 66 2/3% of the principal amount Common Shares which may be acquired pursuant to the exercise of all of the then outstanding Notes Special Warrants by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: sec.report

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided 7 may also be taken and exercised by the holders of 662⁄3% Holders holding at least sixty six and two thirds percent (66 2/3%) of the principal amount of all the then outstanding Notes Rights by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Arrangement Agreement (SolarBank Corp)

Instruments in Writing. All actions which may be taken and all powers that may be exercised by the Noteholders at a meeting held as hereinbefore in this Article provided may also be taken and exercised by the holders of 662⁄3662/3% of the principal amount of all the outstanding Notes by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: Indenture (Terrace Energy Corp)

Instruments in Writing. All actions which may be taken and all powers that which may be exercised by the Noteholders Holders at a meeting held as hereinbefore provided in this Article provided may also be taken and exercised by the holders of 662⁄3% of the principal amount Holders entitled to acquire at least sixty-six-and-two-thirds (66 2/3%) of all the then outstanding Notes Warrants by an instrument in writing signed in one or more counterparts and the expression “Extraordinary Resolution” when used in this Indenture shall include an instrument so signed.

Appears in 1 contract

Samples: webfiles.thecse.com

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