Common use of Amendments to Plan of Arrangement Clause in Contracts

Amendments to Plan of Arrangement. (a) The Company may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or supplement must (i) be set out in writing, (ii) be approved by Purchaser, (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, and (iv) communicated to holders of Company Securities if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting (provided that Purchaser shall have consented thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons voting at the Company Meeting (including as required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Meeting shall be effective only if: (i) it is consented to by each of the Company and Purchaser (in each case, acting reasonably); and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by Purchaser, provided that it concerns a matter which, in the reasonable opinion of Purchaser, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder of Company Securities.

Amendments to Plan of Arrangement. (a) The Acquiror and the Company may reserve the right to amend, modify and/or or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Timetime, provided that each such amendment, modification and/or or supplement must be (i) be set out in writing, ; (ii) be approved agreed to in writing by Purchaser, Acquiror and the Company; (iii) filed with the Court and, if made following the Company Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Company Securities Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting (provided that Purchaser Acquiror shall have consented thereto) thereto in writing, with or without any other prior notice or communication, and and, if so proposed and accepted by the Persons persons voting at the Company Meeting (including other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Meeting shall be effective only if: (i) it is consented to in writing by each of Acquiror and the Company and Purchaser (in each case, acting reasonably)Company; and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following by Acquiror and the Effective Date unilaterally by PurchaserCompany without the approval or communication to the Court or Company Securityholders, provided that it concerns a matter whichthat, in the reasonable opinion of PurchaserAcquiror and the Company, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and does not have the effect of reducing the Consideration and is not otherwise adverse to the economic interest of any former holder of Company SecuritiesSecurityholder.

Amendments to Plan of Arrangement. (a) The Company may HudBay and ▇▇▇▇▇▇ reserve the right to amend, modify and/or or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Timetime, provided that each such amendment, modification and/or or supplement must be: (i) be set out in writing, ; (ii) be approved agreed to in writing by Purchaser, HudBay and ▇▇▇▇▇▇; (iii) filed with the Court and, if made following the Company ▇▇▇▇▇▇ Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Company Securities ▇▇▇▇▇▇ Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company ▇▇▇▇▇▇ at any time prior to the Company ▇▇▇▇▇▇ Meeting (provided that Purchaser HudBay shall have consented thereto) thereto in writing, with or without any other prior notice or communication, and and, if so proposed and accepted by the Persons persons voting at the Company ▇▇▇▇▇▇ Meeting (including other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company ▇▇▇▇▇▇ Meeting shall be effective only if: (i) it is consented to in writing by each of the Company HudBay and Purchaser (in each case, acting reasonably)▇▇▇▇▇▇; and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders ▇▇▇▇▇▇ Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date Time unilaterally by PurchaserHudBay, provided that it concerns a matter whichthat, in the reasonable opinion of PurchaserHudBay, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder Former ▇▇▇▇▇▇ Shareholder. (e) This Plan of Company SecuritiesArrangement may be withdrawn prior to the occurrence of any of the events in Section 3.01 in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) The Company may HudBay and L▇▇▇▇▇ reserve the right to amend, modify and/or or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Timetime, provided that each such amendment, modification and/or or supplement must be: (i) be set out in writing, ; (ii) be approved agreed to in writing by Purchaser, HudBay and L▇▇▇▇▇; (iii) filed with the Court and, if made following the Company L▇▇▇▇▇ Meeting, approved by the Court, ; and (iv) communicated to holders or former holders of Company Securities L▇▇▇▇▇ Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company L▇▇▇▇▇ at any time prior to the Company L▇▇▇▇▇ Meeting (provided that Purchaser HudBay shall have consented thereto) thereto in writing, with or without any other prior notice or communication, and and, if so proposed and accepted by the Persons persons voting at the Company L▇▇▇▇▇ Meeting (including other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company L▇▇▇▇▇ Meeting shall be effective only if: (i) it is consented to in writing by each of the Company HudBay and Purchaser (in each case, acting reasonably)L▇▇▇▇▇; and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders L▇▇▇▇▇ Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date Time unilaterally by PurchaserHudBay, provided that it concerns a matter whichthat, in the reasonable opinion of PurchaserHudBay, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder Former L▇▇▇▇▇ Shareholder. (e) This Plan of Company SecuritiesArrangement may be withdrawn prior to the occurrence of any of the events in Section 3.01 in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a1) The Company Parties may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or supplement must (i) be set out in writing, (ii) be approved by Purchaserthe Parties in writing, each acting reasonably, (iii) be filed with the Court and, if made following the Company Corporation Meeting, approved by the Court, and (iv) be communicated to holders of Company Securities the Affected Securityholders if and as required by the Court. (b2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Parties at any time prior to the Company Corporation Meeting (provided that Purchaser the other Parties, as applicable, shall have consented theretothereto in writing) with or without any other prior notice or communication, and if so proposed and accepted by the Persons voting at the Company Corporation Meeting (including other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c3) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Corporation Meeting shall be effective only if: if (i) it is consented to in writing by each of the Company and Purchaser Parties (in each case, acting reasonably); , and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders Corporation Shareholders voting in the manner directed by the Court. (d4) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by Purchaserthe Purchasers, provided that it concerns a matter which, in the reasonable opinion of Purchaserthe Purchasers, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder of Company Affected Securities.

Amendments to Plan of Arrangement. (a) The Company Parties may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or supplement must be (i) be set out in writing, (ii) be approved by Purchaserthe Parties, each acting reasonably, (iii) filed with the Court and, if made following the Company Unitholder Meeting, approved by the Court, and (iv) communicated to holders of Company Securities the Affected Securityholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by any of the Company Parties at any time prior to the Company Unitholder Meeting (provided that Purchaser the other Parties shall have consented thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons voting at the Company Unitholder Meeting (including other than as may be required under pursuant to the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Unitholder Meeting shall be effective only if: if (i) it is consented to in writing by each of the Company and Purchaser Parties (in each case, acting reasonably); , and (ii) if and as required by the Court, it is consented after communication to by holders of some or all of the Company Securityholders voting in the manner directed by the CourtREIT Unitholders. (d) Any Notwithstanding anything to the contrary contained herein, any amendment, modification or supplement to this Plan of Arrangement may be made following by the Effective Date unilaterally by PurchaserParties at any time and from time to time without the approval of or communication to the Court or the REIT Unitholders, provided that it each such amendment, modification and/or supplement concerns a matter which, in the reasonable opinion of Purchasereach Party, is of an administrative nature or required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder of Company SecuritiesREIT Unitholder.

Amendments to Plan of Arrangement. (a) The Company may reserves the right to amend, modify and/or or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or or supplement must be (i) be set out in writing, (ii) be approved by the Purchaser, (iii) filed with the Court and, if made following the Company Exeter Meeting, approved by the Court, Court and (iv) communicated to holders of Company Securities or approved by the Exeter Shareholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Exeter Meeting (provided that the Purchaser shall have has consented thereto) with or without any other prior notice or communicationcommunication and, and if so proposed and accepted by the Persons persons voting at the Company Exeter Meeting (including other than as may be required under the Interim Order), shall will become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Exeter Meeting shall will be effective only if: if such amendment, modification or supplement (i) it is consented to by each of the Company and the Purchaser (in each case, acting reasonably); and (ii) if required by the CourtCourt or applicable law, it is consented to by holders of some or all of the Company Securityholders Exeter Shareholders voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by Purchaser, the Purchaser provided that it concerns a matter which, in the reasonable opinion of the Purchaser, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the financial or economic interest interests of any former holder of Company SecuritiesFormer Exeter Shareholder.

Amendments to Plan of Arrangement. (a1) The Company may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or supplement must be (ia) be set out in writing, (iib) be approved by the Purchaser, (iiic) filed with the Court and, if made following the Company Meeting, approved by the Court, Court and (ivd) communicated to holders of Company Securities the Shares and others as may be required by the Interim Order if and as required by the Court. (b2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting (provided that the Purchaser shall have consented theretothereto in writing) with or without any other prior notice or communication, and if so proposed and accepted by the Persons persons voting at the Company Meeting (including other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c3) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Meeting shall be effective only if: if (ia) it is consented to in writing by each of the Company and the Purchaser (in each case, acting reasonably); , and (iib) if required by the Court, it is consented to by holders of some or all of the Company Securityholders Shares voting in the manner directed by the Court. (d4) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by the Purchaser, provided that it concerns a matter which, in the reasonable opinion of the Purchaser, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder of Company SecuritiesShares.

Amendments to Plan of Arrangement. (a) The Company GW may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or supplement must (i) be set out in writing, (ii) be approved by PurchaserFN, (iii) filed with the Court and, if made following the Company GW Meeting, approved by the Court, and (iv) communicated to holders of Company Securities GW Shareholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company GW at any time prior to the Company GW Meeting (provided that Purchaser FN shall have consented thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons persons voting at the Company GW Meeting (including as required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company GW Meeting shall be effective only if: (i) it is consented to by each of the Company GW and Purchaser FN (in each case, acting reasonably); and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders GW Common Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by PurchaserFN, provided that it concerns a matter which, in the reasonable opinion of PurchaserFN, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder of Company SecuritiesGW Common Shares.

Amendments to Plan of Arrangement. (a1) The Company may Trimark reserves the right to amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or supplement must be (i) be set out in writing, (ii) be approved by PurchaserAMVESCAP, (iii) filed with the Court and, if made following the Company Trimark Meeting, approved by the Court, and (iv) communicated to holders of Company Securities Trimark Common Shares and Trimark Options if and as required by the Court. (b2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Trimark at any time prior to the Company Trimark Meeting (provided that Purchaser AMVESCAP shall have consented thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons voting at the Company Trimark Meeting (including other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c3) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Trimark Meeting shall be effective only if: (i) if it is consented to by each of the Company Trimark, Exchangeco and Purchaser (in each case, acting reasonably); AMVESCAP and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders Trimark Common Shares and Trimark Options voting in the manner directed by the Court. (d4) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by PurchaserAMVESCAP, provided that it concerns a matter which, in the reasonable opinion of PurchaserAMVESCAP, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse or prejudicial to the financial or economic interest interests of any former holder of Company SecuritiesExchangeable Shares or Debentures or any Person who, upon compliance with the terms and conditions set out herein, is entitled to become a holder of Exchangeable Shares or Debentures.

Amendments to Plan of Arrangement. (a1) The Company may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment, modification and/or supplement must be (ia) be set out in writing, (iib) be approved by the Purchaser, (iiic) filed with the Court and, if made following the Company Meeting, approved by the Court, Court and (ivd) communicated to holders of Company Securities the Shares and others as may be required by the Interim Order if and as required by the Court. (b2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company at any time prior to the Company Meeting (provided that the Purchaser shall have consented theretothereto in writing) with or without any other prior notice or communication, and if so proposed and accepted by the Persons persons voting at the Company Meeting (including other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c3) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Meeting shall be effective only if: if (ia) it is consented to in writing by each of the Company and the Purchaser (in each case, acting reasonably); , and (iib) if required by the Court, it is consented to by holders of some or all of the Company Securityholders Shares voting in the manner directed by the Court. (d4) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by the Purchaser, provided that it concerns a matter which, in the reasonable opinion of the Purchaser, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder of Company SecuritiesShares, Options or DSUs.

Amendments to Plan of Arrangement. (a) The Company may Aris and GCM reserve the right to amend, modify and/or or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Timetime, provided that each such amendment, modification and/or or supplement must be (i) be set out in writing, (ii) be approved agreed to in writing by Purchaser▇▇▇▇ and GCM, (iii) filed with the Court and, if made following the Company Aris Meeting, approved by the Court, and (iv) communicated to holders or former holders of Company Securities Aris Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company Aris at any time prior to the Company Aris Meeting (provided that Purchaser GCM shall have consented thereto) thereto in writing, with or without any other prior notice or communication, and and, if so proposed and accepted by the Persons persons voting at the Company Aris Meeting (including other than as may be required under the Interim Order), as applicable, shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company Aris Meeting shall be effective only if: (i) it is consented to in writing by each of the Company Aris and Purchaser (in each case, acting reasonably)GCM; and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders Aris Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by Purchaser, GCM provided that it concerns a matter which, in the reasonable opinion of PurchaserGCM, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest of any former holder of Company SecuritiesFormer Aris Shareholder.

Amendments to Plan of Arrangement. (a) The Company may TMX Group reserves the right to amend, modify and/or or supplement this Plan of Arrangement at any time and from time to time prior to the Effective TimeDate, provided that each such amendment, modification and/or or supplement must be (i) be set out in writing, (ii) be approved by PurchaserMaple, (iii) filed with the Court and, if made following the Company TMX Group Meeting, approved by the Court, and (iv) communicated to holders of Company Securities TMX Group Shares if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by the Company TMX Group at any time prior to the Company TMX Group Meeting (provided that Purchaser Maple shall have consented thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons voting at the Company TMX Group Meeting (including as required under subject to the requirements of the Interim Order), shall become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Company TMX Group Meeting shall be effective only if: (i) if it is consented to by each of the Company TMX Group and Purchaser (in each case, acting reasonably); Maple and (ii) if required by the Court, it is consented to by holders of some or all of the Company Securityholders TMX Group Shares voting in the manner directed by the Court. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by PurchaserMaple, provided that it concerns a matter which, in the reasonable opinion of PurchaserMaple, is of an administrative or ministerial nature required to better give effect to the implementation of this Plan of Arrangement and is not adverse to the economic interest interests of any former holder of Company SecuritiesTMX Group Shareholder.