Common use of Amendments to Operating Agreement Clause in Contracts

Amendments to Operating Agreement. 1. Subject to paragraphs 4 and 5, amendments may be made to this Agreement upon the written consent of CDNX and the parties referred to in Appendix D. 2. If a Commission requests an amendment, the request will be made in writing and sent by that Commission to the Lead Regulator to be coordinated by the Lead Regulator among the Commissions prior to it being sent to CDNX. CDNX will endeavor to provide a response or consent to the Lead Regulator within 30 days of receipt of any written request from the Lead Regulator. 3. If CDNX requests an amendment, CDNX, in a covering letter sent to the Commissions, will provide a narrative summary and reasons for the proposed amendment together with a copy of the proposed amendment. The Commissions will follow principles of mutual reliance in considering the amendment. The Lead Regulator will consolidate written responses and/or coordinate consents from the other Commissions and will endeavor to provide such responses and/or consents to CDNX within 30 days of receipt of any written request from CDNX. 4. An amendment to the information respecting a Commission contained in Appendix C, D or E may be made by that Commission without the consent of any other party to this Agreement, provided that any such Commission sends written notice of such amendment to the other parties in the form of a revised Appendix C, D or E, as the case may be. (a) No amendment to this Agreement shall affect the OSC until the procedures set out in section 143.10 of the Securities Act (Ontario) (the “Ontario Act”) have been complied with, unless: (i) the amendment is an amendment to an Appendix; (ii) the amendment adds an additional securities regulatory authority as a party to the Agreement; or (iii) on the date upon which the proposed amendment is to become effective, section 143.10 of the Ontario Act no longer applies to this Agreement. (b) Where section 143.10 of the Ontario Act applies to this Agreement, the amendment shall come into effect with respect to the OSC on the date determined in accordance with section 143.10 of the Ontario Act. (c) Where section 143.10 of the Ontario Act does not apply to this Agreement, the amendment shall come into effect with respect to the OSC upon the written consent of CDNX and the parties referred to in Appendix D.

Appears in 2 contracts

Sources: Operating Agreement, Operating Agreement

Amendments to Operating Agreement. 1. Subject to paragraphs sections 4 and 5, amendments may be made to this Agreement upon the written consent of CDNX TSX Venture and the parties referred to in Appendix D. 2. If a Commission requests an amendment, the request will be made in writing and sent by that Commission to the Lead Regulator Co-lead Regulators to be coordinated by the Lead Regulator Co-lead Regulators among the Commissions prior to it being sent to CDNXTSX Venture. CDNX TSX Venture will endeavor to provide a response or consent to the Lead Regulator Co-lead Regulators within 30 days of receipt of any written request from the Lead RegulatorCo-lead Regulators. 3. If CDNX TSX Venture requests an amendment, CDNXTSX Venture, in a covering letter sent to the Commissions, will provide a narrative summary and reasons for the proposed amendment together with a copy of the proposed amendment. The Commissions will follow principles of mutual reliance in considering the amendment. The Lead Regulator Co-lead Regulators will consolidate written responses and/or coordinate consents from the other Commissions and will endeavor to provide such responses and/or consents to CDNX TSX Venture within 30 days of receipt of any written request from CDNXTSX Venture. 4. An amendment to the information respecting a Commission contained in Appendix C, D or E may be made by that Commission without the consent of any other party to this Agreement, provided that any such Commission sends written notice of such amendment to the other parties in the form of a revised Appendix C, D or E, as the case may be. (a) No amendment to this Agreement shall affect the OSC until the procedures set out in section 143.10 of the Securities Act (Ontario) (the "Ontario Act") have been complied with, unless: (i) the amendment is an amendment to an Appendix; (ii) the amendment adds an additional securities regulatory authority as a party to the Agreement; or (iii) on the date upon which the proposed amendment is to become effective, section 143.10 of the Ontario Act no longer applies to this Agreement. (b) Where section 143.10 143 .10 of the Ontario Act applies to this Agreement, the amendment shall come into effect with respect to the OSC on the date determined in accordance with section 143.10 of the Ontario Act. (c) . Where section 143.10 of the Ontario Act does not apply to this Agreement, the amendment shall come into effect with respect to the OSC upon the written consent of CDNX TSX Venture and the parties referred to in Appendix D.

Appears in 2 contracts

Sources: Operating Agreement, Operating Agreement

Amendments to Operating Agreement. 1. Subject to paragraphs sections 4 and 5, amendments may be made to this Agreement upon the written consent of CDNX TSX Venture and the parties referred to in Appendix D. 2. If a Commission requests an amendment, the request will be made in writing and sent by that Commission to the Lead Regulator Co-lead Regulators to be coordinated by the Lead Regulator Co-lead Regulators among the Commissions prior to it being sent to CDNXTSX Venture. CDNX TSX Venture will endeavor to provide a response or consent to the Lead Regulator Co-lead Regulators within 30 days of receipt of any written request from the Lead RegulatorCo-lead Regulators. 3. If CDNX TSX Venture requests an amendment, CDNXTSX Venture, in a covering letter sent to the Commissions, will provide a narrative summary and reasons for the proposed amendment together with a copy of the proposed amendment. The Commissions will follow principles of mutual reliance in considering the amendment. The Lead Regulator Co-lead Regulators will consolidate written responses and/or coordinate consents from the other Commissions and will endeavor to provide such responses and/or consents to CDNX TSX Venture within 30 days of receipt of any written request from CDNXTSX Venture. 4. An amendment to the information respecting a Commission contained in Appendix C, D or E may be made by that Commission without the consent of any other party to this Agreement, provided that any such Commission sends written notice of such amendment to the other parties in the form of a revised Appendix C, D or E, as the case may be. (a) No amendment to this Agreement shall affect the OSC until the procedures set out in section 143.10 of the Securities Act (Ontario) (the “Ontario Act”) have been complied with, unless: (i) the amendment is an amendment to an Appendix; (ii) the amendment adds an additional securities regulatory authority as a party to the Agreement; or (iii) on the date upon which the proposed amendment is to become effective, section 143.10 of the Ontario Act no longer applies to this Agreement. (b) Where section 143.10 of the Ontario Act applies to this Agreement, the amendment shall come into effect with respect to the OSC on the date determined in accordance with section 143.10 of the Ontario Act. (c) . Where section 143.10 of the Ontario Act does not apply to this Agreement, the amendment shall come into effect with respect to the OSC upon the written consent of CDNX TSX Venture and the parties referred to in Appendix D.

Appears in 1 contract

Sources: Operating Agreement