Common use of Meaning of Extraordinary Resolution Clause in Contracts

Meaning of Extraordinary Resolution. The expression "Extraordinary Resolution" when used in this Indenture means, subject to Section 6.13, a resolution proposed to be passed as an extraordinary resolution at a meeting of Special Warrantholders duly convened for the purpose and held in accordance with the provisions of this Article 6 and attended in person or by proxy by Special Warrantholders holding not less than fifty per cent (50%) of the Special Warrants outstanding and passed by not less than sixty-six and two-thirds per cent (66 2/3%) of the votes cast upon such resolution. If, at any meeting called for the purpose of passing an Extraordinary Resolution, Special Warrantholders holding at least fifty per cent (50%) of the aggregate number of Special Warrants are not present in person or by proxy within thirty (30) minutes after the time appointed for the meeting, then the meeting if convened by Special Warrantholders or on a Special Warrantholders' request, shall be dissolved; but in any other case it shall be adjourned to such day, being not less than fifteen (15) or more than thirty (30) days later, and to such place and time as may be appointed by the chairman. Not less than ten (10) days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided in Section 9.2. Such notice shall state that at the adjourned meeting the Special Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally convened or any other particulars. At the adjourned meeting the Special Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in this Section shall be an Extraordinary Resolution within the meaning of this Indenture notwithstanding that Special Warrantholders holding at least fifty per cent (50%) of the aggregate number of Special Warrants outstanding are not present in person or by proxy at such adjourned meeting. Subject to Section 6.13 hereof, votes on an Extraordinary Resolution shall always be given on a poll.

Meaning of Extraordinary Resolution. The expression "Extraordinary Resolution" when used in this Indenture means, subject to as hereinafter provided in this Section 6.137.11 and in Section 7.14, a resolution proposed to be passed as an extraordinary resolution at a meeting of Special Registered Warrantholders duly convened for the that purpose and held in accordance with the provisions of this Article 6 and attended 7 at which there are present in person or by proxy Registered Warrantholders holding at least 25% of the aggregate number of Common Shares that could be acquired and passed by Special the affirmative votes of Registered Warrantholders holding not less than fifty per cent (50%) 66 2/3% of the Special Warrants outstanding aggregate number of Common Shares that could be acquired at the meeting and passed by not less than sixty-six and two-thirds per cent (66 2/3%) of voted on the votes cast poll upon such resolution. If, at any the meeting called for the purpose of passing at which an Extraordinary ResolutionResolution is to be considered, Special Registered Warrantholders holding at least fifty per cent (50%) 25% of the aggregate number of Special Warrants Common Shares that could be acquired are not present in person or by proxy within thirty (30) 30 minutes after the time appointed for the meeting, then the meeting meeting, if convened by Special Registered Warrantholders or on a Special Warrantholders' requestRequest, shall be dissolved; but in any other case it shall be stand adjourned to such day, being not less than fifteen (15) 15 or more than thirty (30) 60 days later, and to such place and time as may be appointed by the chairman. Not less than ten (10) 14 days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided for in Section 9.210.2. Such notice shall state that at the adjourned meeting the Special Registered Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally convened called or any other particulars. At the adjourned meeting the Special Registered Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in this Section 7.11(a) shall be an Extraordinary Resolution within the meaning of this Indenture notwithstanding that Special Registered Warrantholders holding entitled to acquire at least fifty per cent (50%) 25% of the aggregate number of Special Common Shares which may be acquired pursuant to all the then outstanding Warrants outstanding are not present in person or by proxy at such adjourned meeting. Subject to Section 6.13 hereof7.14, votes on an Extraordinary Resolution shall always be given on a pollpoll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Meaning of Extraordinary Resolution. The expression "Extraordinary Resolution" when used in this Indenture means, subject to Section 6.13, a resolution proposed to be passed as an extraordinary resolution at a meeting of Special Warrantholders duly convened for the purpose and held in accordance with the provisions of this Article 6 and attended in person or by proxy by Special Warrantholders holding not less than fifty fifty-one per cent (5051%) of the Special Warrants outstanding and passed by not less than sixty-six and two-thirds per cent percent (66 2/3662/3%) of the votes cast upon such resolution. If, at any meeting called for the purpose of passing an Extraordinary Resolution, Special Warrantholders holding at least fifty fifty-one per cent (5051%) of the aggregate number of Special Warrants are not present in person or by proxy within thirty (30) minutes after the time appointed for the meeting, then the meeting if convened by Special Warrantholders or on a Special Warrantholders' request, shall be dissolved; but in any other case it shall be adjourned to such day, being not less than fifteen (15) or more than thirty sixty (3060) days later, and to such place and time as may be appointed by the chairmanChairman. Not less than ten (10) days' prior notice shall be given of the time and place of such adjourned meeting in the manner provided in Section 9.2. Such notice shall state that at the adjourned meeting the Special Warrantholders present in person or by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally convened or any other particulars. At the adjourned meeting the Special Warrantholders present in person or by proxy shall form a quorum and may transact the business for which the meeting was originally convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in this Section shall be an Extraordinary Resolution within the meaning of this Indenture notwithstanding that Special Warrantholders holding at least fifty fifty-one per cent (5051%) of the aggregate number of Special Warrants outstanding are not present in person or by proxy at such adjourned meeting. Subject to Section 6.13 hereof, votes on an Extraordinary Resolution shall always be given on a poll.

Meaning of Extraordinary Resolution. The expression "“Extraordinary Resolution" ” when used in this Indenture means, subject to Section 6.13as hereinafter in this section 11.12 and in section 11.15 provided, a resolution proposed to be passed as an extraordinary resolution at a meeting of Special Warrantholders Debentureholders duly convened for the purpose of passing an Extraordinary Resolution and held in accordance with the provisions of in this Article 6 and attended 11 at which, subject as hereinafter provided, the Holders of at least 51% of the principal amount of the Debentures then outstanding are present in person or represented by proxy and passed by Special Warrantholders holding the favourable votes of the Holders of not less than fifty per cent (50%) 66K of the Special Warrants outstanding principal amount of Debentures represented at the meeting and passed by not less than sixty-six and two-thirds per cent (66 2/3%) of the votes cast voted on a poll upon such resolution. If, at any such meeting called for the purpose of passing an Extraordinary Resolution, Special Warrantholders holding the Holders of at least fifty per cent (50%) 51% of the aggregate number principal amount of Special Warrants the Debentures are not present in person or represented by proxy within thirty (30) 30 minutes after the time appointed for the meeting, then the meeting meeting, if convened by Special Warrantholders or Debentureholders on a Special Warrantholders' requestDebentureholders’ Request, shall be dissolved; , but in any other case it shall be stand adjourned to such daydate, being not less than fifteen (15) or 14 nor more than thirty (30) 21 days later, and to such place and time as may be appointed by the chairman. Not less than ten (10) 7 days' prior ’ notice shall be given of the time and place of such adjourned meeting in the manner provided in Section 9.2section 2.15. Such notice shall state that at the adjourned meeting the Special Warrantholders Debentureholders present in person or represented by proxy shall form a quorum but it shall not be necessary to set forth the purposes for which the meeting was originally convened called or any other particulars. At the adjourned meeting the Special Warrantholders two or more Debentureholders present in person or represented by proxy shall form a quorum and may transact the business for which the meeting was originally convened and a resolution proposed at such adjourned meeting and passed by the requisite vote as provided in this Section the preceding paragraph shall be an Extraordinary Resolution within the meaning of this Indenture Indenture, notwithstanding that Special Warrantholders holding the Holders of at least fifty per cent (50%) 51% of the aggregate number principal amount of Special Warrants the Debentures then outstanding are not present in person or represented by proxy at such adjourned meeting. Subject to Section 6.13 hereof, votes Votes on an Extraordinary Resolution shall always be given on a pollpoll and no demand for a poll on an Extraordinary Resolution shall be necessary.

Meaning of Extraordinary Resolution. The expression "“Extraordinary Resolution" ” when used in this Indenture means, subject to Section 6.13except as otherwise provided in this Indenture, a resolution proposed to be passed as an extraordinary resolution at a meeting of Special Warrantholders Debentureholders duly convened for the purpose and held in accordance with the provisions of this Article 6 and attended at which the Holders of at least 51% of the aggregate principal amount of the Debentures then outstanding are present in person or represented by proxy and passed by Special Warrantholders holding the affirmative votes of Debentureholders present in person or represented by proxy at the meeting who hold not less than fifty per cent (50%) 66 2/3% of the Special Warrants outstanding and passed by not less than sixty-six and two-thirds per cent (66 2/3%) aggregate principal amount of the votes cast upon Debentures voted in respect of such resolution. If, at any meeting called for such meeting, the purpose Holders of passing an Extraordinary Resolution, Special Warrantholders holding at least fifty per cent (50%) 51% of the aggregate number principal amount of Special Warrants the Debentures then outstanding are not present in person or represented by proxy within thirty (30) 30 minutes after the time appointed for the meeting, then the meeting meeting, if convened by Special Warrantholders or on a Special Warrantholders' requestthe requisition of Debentureholders, shall be dissolved; , but in any other case it the meeting shall be stand adjourned to such daydate, being not less than fifteen (15) or 21 nor more than thirty (30) 60 days later, and to such place and time as may be appointed by the chairmanchairman of the meeting. Not less than ten (10) days' prior notice shall be given Notice of the time and place of such adjourned meeting shall be given to the Debentureholders in the manner provided specified in Section 9.2Article 12 at least 10 days prior to the date of the adjourned meeting. Such notice shall state that at the adjourned meeting the Special Warrantholders Debentureholders present in person or represented by proxy shall form constitute a quorum quorum, but it shall not be necessary to set forth the purposes for which the meeting was originally convened called or any other particulars. At the adjourned meeting meeting, the Special Warrantholders Debentureholders present in person or represented by proxy shall form constitute a quorum and may transact [A&R INDENTURE_FINCO & BNY CANADA & BNY USA] the business for which the meeting was originally convened convened, and a resolution proposed to be passed as an extraordinary resolution at such adjourned meeting and passed by the requisite vote as provided in this Section 11.13 shall be an Extraordinary Resolution within the meaning of this Indenture Indenture, notwithstanding that Special Warrantholders holding the Holders of at least fifty per cent (50%) 51% of the aggregate number principal amount of Special Warrants the Debentures then outstanding are not present in person or represented by proxy at such adjourned meeting. Subject to Section 6.13 hereof, votes on an Extraordinary Resolution shall always be given on a poll.

Meaning of Extraordinary Resolution. The expression "Extraordinary Resolution" when used in this Indenture means, subject to Section 6.13except as otherwise provided in this Indenture, a resolution proposed to be passed as an extraordinary resolution at a meeting of Special Warrantholders Noteholders of a Series of Notes or of all Notes, as the case may be, duly convened for the purpose and held in accordance with the provisions of this Article 6 and attended Section at which the Holders of at least 51% of the aggregate principal amount of the applicable Series of Notes or of all Notes, as the case may be, then outstanding are present in person or represented by proxy and passed by Special Warrantholders holding the affirmative votes of Noteholders present in person or represented by proxy at the meeting who hold not less than fifty per cent (50%) 662/3% of the Special Warrants outstanding and passed by not less than sixty-six and two-thirds per cent (66 2/3%) aggregate principal amount of the votes cast upon Notes voted in respect of such resolution. If, at any meeting called for such meeting, the purpose Holders of passing an Extraordinary Resolution, Special Warrantholders holding at least fifty per cent (50%) 51% of the aggregate number principal amount of Special Warrants the applicable Series of Notes or of all Notes, as the case may be, then outstanding are not present in person or represented by proxy within thirty (30) 30 minutes after the time appointed for the meeting, then the meeting meeting, if convened by Special Warrantholders or on a Special Warrantholders' requestthe requisition of Noteholders, shall be dissolved; , but in any other case it the meeting shall be stand adjourned to such daydate, being not less than fifteen (15) or 21 nor more than thirty (30) 60 days later, and to such place and time as may be appointed by the chairmanchairman of the meeting. Not less than ten (10) days' prior notice shall be given Notice of the time and place of that such adjourned meeting is to be reconvened shall be given to the Noteholders in the manner provided specified in Section 9.210.2 at least 10 days prior to the date the adjourned meeting is to be reconvened. Such notice shall state that at the adjourned meeting the Special Warrantholders Noteholders present in person or represented by proxy shall form constitute a quorum quorum, but it shall not be necessary to set forth the purposes for which the meeting was originally convened called or any other particulars. At the adjourned meeting meeting, the Special Warrantholders Noteholders present in person or represented by proxy shall form constitute a quorum and may transact the business for which the meeting was originally convened convened, and a resolution proposed to be passed as an extraordinary resolution at such adjourned meeting and passed by the requisite vote as provided in this Section 9.14 shall be an Extraordinary Resolution within the meaning of this Indenture Indenture, notwithstanding that Special Warrantholders holding the Holders of at least fifty per cent (50%) 51% of the aggregate number principal amount of Special Warrants the Notes then outstanding are not present in person or represented by proxy at such adjourned meeting. Subject to Section 6.13 hereof, votes on an Extraordinary Resolution shall always be given on a poll.