Common use of Amendments to Plan of Arrangement Clause in Contracts

Amendments to Plan of Arrangement. (a) Vitran 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 Date, provided that each such amendment, modification and/or supplement must be (i) set out in writing, (ii) approved by Purchaser, (iii) filed with the Court and, if made following the Vitran Meeting, approved by the Court and (iv) communicated to the affected Vitran Shareholders. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Vitran at any time prior to the Vitran 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 Vitran Shareholders voting at the Vitran Meeting (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 by the Court following the Vitran Meeting shall be effective only if (i) it is consented to by each of Vitran and Purchaser and (ii) if required by the Court, it is communicated to or consented to by the Vitran Shareholders. (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date by Purchaser and Vitran, 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 Vitran Securityholder. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this Plan of Arrangement may be made prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) Vitran reserves The Parties 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 Datetime, provided that each such amendment, modification and/or or supplement must be be: (i) set out in writing, ; (ii) approved agreed to in writing by Purchaser, the Parties; (iii) filed with the Court and, if made following the Vitran Lexam VG Gold Meeting, approved by the Court Court; and (iv) communicated to Former Lexam VG Gold Shareholders if and as required by the affected Vitran ShareholdersCourt. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Vitran Lexam VG Gold at any time prior to the Vitran Meeting (Lexam VG Gold Meeting, provided that Purchaser ▇▇▇▇▇▇ Mining 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 Vitran Shareholders Persons voting at the Vitran Lexam VG Gold Meeting (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 by the Court following the Vitran Lexam VG Gold Meeting shall be effective only if if: (i) it is consented to in writing by each of Vitran and Purchaser the Parties; and (ii) if required by the Court, it is communicated to or consented to by holders of the Vitran ShareholdersLexam VG Gold 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 but shall only be effective if it is consented to by Purchaser and Vitraneach of the Parties, provided that it such amendment, modification or supplement concerns a matter which, in the reasonable opinion of Purchaserthe Parties, 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 of any former Vitran Securityholder. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this Plan of Arrangement may be made prior to the Effective Time except in accordance with the terms interests of the Arrangement AgreementParties or any Former Lexam VG Gold Shareholder.

Amendments to Plan of Arrangement. (a) Vitran reserves the right to Hummingbird may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective Date, provided that each such amendment, modification and/or supplement must be (i) set out in writing, (ii) approved by PurchaserParent and Acquisition Sub, (iii) filed with the Court and, if made following the Vitran Meeting, approved by the Court Court, and (iv) ), communicated to Shareholders if and as required by the affected Vitran ShareholdersCourt. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Vitran Hummingbird at any time prior to the Vitran Meeting (provided that Purchaser Parent and Acquisition Sub shall have consented thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Vitran Shareholders Persons voting at the Vitran Meeting (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 Vitran Meeting shall be effective only if (i) it is consented to by each of Vitran Hummingbird, Parent and Purchaser Acquisition Sub (in each case, acting reasonably) and (ii) if required by the Court, it is communicated to or consented to by Shareholders voting in the Vitran Shareholdersmanner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the occurrence of any of the events in Section 2.3 in accordance with the terms of the Arrangement Agreement. (e) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by Purchaser and VitranParent, provided that it concerns a matter which, in the reasonable opinion of PurchaserParent, 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 Vitran SecurityholderShareholder. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this Plan of Arrangement may be made prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) Vitran reserves the right to Corporation and Yamana may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective DateTime, provided that each such amendment, modification and/or supplement must be (i) set out in writing, (ii) approved agreed to in writing by PurchaserCorporation and Yamana, (iii) filed with the Court and, if made following the Vitran Corporation Meeting, approved by the Court Court, and (iv) communicated to Former Corporation Shareholders if and as required by the affected Vitran ShareholdersCourt. (b) Any amendment, modification or supplement to this the Plan of Arrangement may be proposed by Vitran Corporation at any time prior to the Vitran Corporation Meeting (provided that Purchaser Yamana shall have consented theretothereto in writing) with or without any other prior notice or communication, and and, if so proposed and accepted by the Vitran Shareholders voting approved at the Vitran Corporation Meeting (other than as may be in the manner required under by 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 by the Court following the Vitran Corporation Meeting shall be effective only if (i) it is consented to by each of Vitran Yamana and Purchaser Corporation, and (ii) if required by the Court, it is communicated to or consented to approved by the Vitran ShareholdersCorporation 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 Time by Purchaser the mutual consent of Corporation and VitranYamana, provided that it concerns a matter which, that in the reasonable opinion of PurchaserCorporation and Yamana, each acting reasonably, 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 interests of any former Vitran Securityholderperson that, immediately prior to the Effective Time, was a holder of Corporation Common Shares or Corporation Options. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this This Plan of Arrangement may be made withdrawn prior to the Effective Time except in accordance with the terms provisions of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) Vitran Coretec 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 Date, provided that each such amendment, modification and/or supplement must be (i) set out in writing, (ii) approved by PurchaserDDi, (iii) filed with the Court and, if made following the Vitran Coretec Meeting, approved by the Court and (iv) communicated to the affected Vitran Shareholders. (b) Coretec Shareholders and Coretec Optionholders. Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Vitran Coretec at any time prior to the Vitran Coretec Meeting (provided that Purchaser DDi shall have consented thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Vitran Coretec Shareholders and Coretec Optionholders voting at the Vitran Coretec Meeting (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 by the Court following the Vitran Coretec Meeting shall be effective only if (i) it is consented to by each of Vitran Coretec and Purchaser DDi and (ii) if required by the Court, it is communicated to or consented to by the Vitran Shareholders. (d) Coretec Shareholders and Coretec Optionholders. Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by Purchaser and VitranDDi, provided that it concerns a matter which, in the reasonable opinion of PurchaserDDi, 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 Vitran Coretec Securityholder. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this Plan of Arrangement may be made prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) Vitran reserves the right to Northern Empire and Coeur may amend, modify and/or supplement this Plan of Arrangement at any time and from time to time prior to the Effective DateTime, provided that each such amendment, modification and/or supplement must be (i) set out in writing, (ii) approved agreed to in writing by PurchaserNorthern Empire and Coeur, (iii) filed with the Court and, if made following the Vitran Northern Empire Meeting, approved by the Court and (iv) communicated to the affected Vitran ShareholdersNorthern Empire Shareholders if and as required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Vitran Northern Empire at any time prior to the Vitran Northern Empire Meeting (provided that Purchaser Coeur shall have consented theretothereto in writing) with or without any other prior notice or communication, and if so proposed and accepted by the Vitran Shareholders voting approved at the Vitran Northern Empire Meeting (other than as may be in the manner required under by 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 by the Court following the Vitran Northern Empire Meeting shall be effective only if (i) it is consented to by each of Vitran Coeur and Purchaser Northern Empire, and (ii) if required by the Court, it is communicated to or consented to approved by the Vitran ShareholdersNorthern Empire 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 Time unilaterally by Purchaser and VitranCoeur, provided that it concerns a matter which, that in the reasonable opinion of PurchaserCoeur, acting reasonably, 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 Vitran Securityholderperson that, immediately prior to the Effective Time, was a holder of Common Shares. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this This Plan of Arrangement may be made withdrawn prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a1) Vitran The Company 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 Date, provided that each such amendment, modification and/or supplement must be (i) set out in writing, (ii) approved by PurchaserParent, (iii) filed with the Court and, if made following the Vitran Company Shareholders Meeting, approved by the Court and (iv) communicated to the affected Vitran ShareholdersSecurityholders, if and as required by the Court. (b2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Vitran the Company at any time prior to the Vitran Company Shareholders Meeting (provided that Purchaser Parent shall have consented theretothereto in writing) with or without any other prior notice or communication, and and, if so proposed and accepted by the Vitran Shareholders Persons voting at the Vitran Company Shareholders Meeting (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 by the Court following the Vitran Company Shareholders Meeting shall be effective only if (i) it is consented to in writing by each of Vitran the Company and Purchaser Parent, and (ii) if required by the Court, it is communicated to or consented to by the Vitran ShareholdersSecurityholders 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 Purchaser and VitranParent, provided that it concerns a matter which, in the reasonable opinion of PurchaserParent, 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 interests of any former Vitran Securityholder. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this Plan of Arrangement may be made prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.

Amendments to Plan of Arrangement. (a) Vitran reserves the right to amend, modify and/or supplement this This Plan of Arrangement may at any time and from time to time prior to whether before or after the Interim Order or the Final Order, but not later than the Effective Date, be amended, modified or supplemented unilaterally by FirstService, provided that each such amendment, modification and/or or supplement must be (i) set out is contained in writing, (ii) approved by Purchaser, (iii) a written document which is filed with the Court and, if made following the Vitran Meeting, is approved by the Court and (iv) communicated to any Persons in the affected Vitran Shareholdersmanner required by the Court. (b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Vitran FirstService at any time prior to or at the Vitran 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 Vitran Shareholders voting at the Vitran Meeting communication to any other Persons (other than as may be required under the Interim Order)) and, shall if so proposed and accepted by the FirstService Shareholders voting at the Meeting, will become part of this Plan of Arrangement for all purposes. (c) Any amendment, modification or supplement to this Plan of Arrangement that which is approved or directed by the Court following the Vitran Meeting shall will be effective only if (i) it is consented to by each of Vitran and Purchaser and (ii) FirstService and, if required by the Court, it is communicated to or and/or consented to by the Vitran ShareholdersFirstService Shareholders in the manner directed by the Court. (d) This Plan of Arrangement may be withdrawn prior to the Effective Time in accordance with the terms of the Arrangement Agreement. (e) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date by Purchaser Colliers and VitranNew FSV without the approval of the Court, the shareholders of Colliers or the shareholders of New FSV, provided that it concerns a matter which, in the reasonable opinion of PurchaserColliers and New FSV, 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 holder or former Vitran Securityholderholder of FirstService Shares, Colliers Subordinate Voting Shares, Colliers Multiple Voting Shares, New FSV Subordinate Voting Shares or New FSV Multiple Voting Shares. (e) Notwithstanding the foregoing provisions of this Section 6, no amendment, modification or supplement of this Plan of Arrangement may be made prior to the Effective Time except in accordance with the terms of the Arrangement Agreement.