Additional Materials. Upon execution of this Agreement and within three Trading Days after each Representation Date in connection with which the Company is required to deliver the materials set out in Sections 3(q), 3(r), 3(s) or 3(t), the Company shall deliver to the Agents and their counsel: (i) a certificate of good standing (or equivalent) dated within two Business Days of the applicable delivery date in respect of the Company and each Material Subsidiary; (ii) certificates or lists issued under Canadian Securities Laws stating or evidencing that the Company is a “reporting issuer” in each Canadian Qualifying Jurisdiction and not in default under Canadian Securities Laws; (iii) a certificate from the transfer agent of the Company dated within two Business Days of the applicable delivery date as to the number of Common Shares issued and outstanding as of such date; and (iv) one or more accurate certificates, dated such date and signed by two executive officers of the Company, in form and substance satisfactory to the Agents with respect to the constating documents of the Company and the Material Subsidiaries, all resolutions of the Company’s board of directors relating to the Registration Statement, the Prospectuses, the Offering and otherwise pertaining to the purchase and sale of the Offered Shares and the transactions contemplated hereby and thereby, the incumbency and specimen signatures of signing officers and such other matters as the Agents may reasonably request.
Appears in 3 contracts
Sources: Equity Distribution Agreement (SolarBank Corp), Equity Distribution Agreement (SolarBank Corp), Equity Distribution Agreement (SolarBank Corp)