Dissenting Holder definition

Dissenting Holder means any Shareholder who has duly exercised its Dissent Rights and has not withdrawn or been deemed to have withdrawn such Dissent Rights;

Dissenting Holder means a registered holder of Shares as of the record date of the Meeting who has validly exercised its Dissent Rights and has not withdrawn or been deemed to have withdrawn such exercise of Dissent Rights, but only in respect of the Shares in respect of which Dissent Rights are validly exercised by such holder.

Dissenting Holder means a registered Shareholder who has validly exercised its Dissent Rights and has not withdrawn or been deemed to have withdrawn such exercise of Dissent Rights, but only in respect of the Common Shares in respect of which Dissent Rights are validly exercised by such registered Shareholder.

Examples of Dissenting Holder in a sentence

• The tax consequences as described above under “—Holders Resident in Canada—Capital Gains and Losses,” on page 69, will apply to the taxation of capital gains and losses to a Resident Dissenting Holder.

• Generally, a Resident Dissenting Holder will realize a capital gain (or capital loss) to the extent that the proceeds of disposition received from Amalco on the disposition of the CRH shares, less any interest awarded by the Court, exceeds (or is less than) the adjusted cost base to the Resident Dissenting Holder of such CRH shares immediately before the disposition and any reasonable costs of disposition.

• A Non-Resident Dissenting Holder will not be subject to Canadian withholding tax on any amount of interest that is awarded by a court provided such interest is not “participating debt interest” (as defined in the Tax Act).

• A Non-Resident Dissenting Holder will realize a capital gain (or capital loss) to the extent that the proceeds of disposition received from Amalco on the disposition of the CRH shares, less any interest awarded by the Court, exceed (or are less than) the adjusted cost base to the Non-Resident Dissenting Holder of such CRH shares immediately before the disposition and any reasonable costs of disposition.

• Without limiting the obligations of the Company pursuant to Section 1.7.2(c), not later than two Business Days prior to the Closing Date, the Company shall furnish Acquiror with the name and address of any Stockholder who, prior to the Closing, has requested appraisal rights pursuant to Section 262 of the DGCL (and who is thus a Dissenting Holder), and the number of Dissenting Shares owned by such Dissenting Holder.

More Definitions of Dissenting Holder

Dissenting Holder means a holder of Company Common Shares who did not vote in favor of the Merger and who complies with all of the provisions of the Companies Act concerning the right of holders of Company Common Shares to require appraisal of their Company Common Shares pursuant to Bermuda Law.

Dissenting Holder means a registered Company Shareholder who has validly exercised Dissent Rights in accordance with Section 3.1 and has not withdrawn or been deemed to have withdrawn such exercise of Dissent Rights and who is ultimately entitled to be paid the fair value of the Company Shares held by such registered Company Shareholder.

Dissenting Holder means a registered Shareholder as of the record date of the Meeting who has validly exercised its Dissent Rights and has not withdrawn or been deemed to have withdrawn such exercise of Dissent Rights.

Dissenting Holder shall have the meaning specified in Section 3.6(a).

Dissenting Holder means a registered Shareholder who has duly exercised a Dissent Right in strict compliance with the dissent procedures set out in Section 237 through 247 of the BCBCA, as modified by the Interim Order and this Plan of Arrangement, and has not withdrawn or been deemed to have withdrawn such exercise of Dissent Rights, but only in respect of Common Shares in respect of which Dissent Rights are validly exercised by such Shareholder;

Dissenting Holder has the meaning referred to under Section 4.02.(b).

Dissenting Holder has the meaning set forth in the Plan of Arrangement.