Common use of Amendments to the Plan of Arrangement Clause in Contracts

Amendments to the Plan of Arrangement. (1) Corporation and the Purchaser 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) set out in writing, (ii) approved by Corporation and the Purchaser (subject to the Arrangement Agreement), (iii) filed with the Court and, if made following the Corporation Meeting, approved by the Court, and (iv) communicated to the holders of Corporation Securities if and as required by the Court. (2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Corporation or the Purchaser at any time prior to the Corporation Meeting, provided that the other Party (subject to the Arrangement Agreement) shall have each consented thereto in writing, with or without any other prior notice or communication, and if so proposed and accepted by the Persons voting at the Corporation Meeting in accordance with the Interim Order, shall become part of this Plan of Arrangement for all purposes. (3) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Corporation Meeting but prior to the Effective Date shall be effective only (i) if it is consented to in writing by each of the Corporation and the Purchaser, and (ii) if required by the Court, it is consented to by holders of the applicable Corporation Securities in the manner directed by the Court. (4) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date by the Corporation and the Purchaser, collectively, provided that it is filed with the Court and it concerns a matter which, in the reasonable opinion of the 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 interests of any Shareholder.

Appears in 1 contract

Sources: Arrangement Agreement (CURO Group Holdings Corp.)

Amendments to the Plan of Arrangement. (1) Corporation The Company and the Purchaser 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) set out in writing, (ii) approved by Corporation the Company and the Purchaser (subject to the Arrangement Agreement), (iii) filed with the Court and, if made following the Corporation Company Meeting, approved by the Court, and (iv) communicated to the holders of Corporation Company Securities if and as required by the Court. (2) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Corporation the Company or the Purchaser at any time prior to the Corporation Company Meeting, provided that the other Party (subject to the Arrangement Agreement) shall have each consented thereto in writing, with or without any other prior notice or communication, and if so proposed and accepted by the Persons voting at the Corporation Company Meeting in accordance with the Interim Order, shall become part of this Plan of Arrangement for all purposes. (3) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Corporation Company Meeting but prior to the Effective Date shall be effective only (i) if it is consented to in writing by each of the Corporation Purchaser and the PurchaserCompany, and (ii) if required by the Court, it is consented to by holders of the applicable Corporation Company Securities in the manner directed by the Court. (4) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date by the Corporation Company and the Purchaser, collectively, provided that it is filed with the Court and it concerns a matter which, in the reasonable opinion of the 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 interests of any Company Shareholder.

Appears in 1 contract

Sources: Arrangement Agreement (CURO Group Holdings Corp.)

Amendments to the Plan of Arrangement. (1a) Corporation HighGold and the Purchaser Contango 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 Corporation HighGold and the Purchaser (subject to the Arrangement Agreement)Contango, each acting reasonably, (iii) filed with the Court and, if made following the Corporation HighGold Meeting, approved by the Court, and (iv) communicated to the holders of Corporation Securities HighGold Securityholders if and as required by the Court. (2b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Corporation HighGold or the Purchaser Contango at any time prior to or at the Corporation Meeting, HighGold Meeting (provided that HighGold or the other Party (subject to the Arrangement Agreement) Contango, as applicable, shall have each consented thereto in writing, thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons persons voting at the Corporation HighGold Meeting in accordance with (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (3c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Corporation HighGold Meeting but prior to the Effective Date shall be effective only if (i) if it is consented to in writing by each of the Corporation HighGold and the PurchaserContango (in each case, acting reasonably), and (ii) if required by the Court, it is consented to by holders some or all of the applicable Corporation Securities HighGold Securityholders voting in the manner directed by the Court. (4) . Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date by granting of the Corporation and Final Order without filing such amendment, modification or supplement with the Purchaser, collectivelyCourt or seeking Court approval, provided that it is filed with the Court and it (i) concerns a matter which, in the reasonable opinion of the Parties, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not materially adverse to the financial or economic interests interest of any Shareholderholders of HighGold Securities or (ii) is an amendment contemplated in Section 6.1(d). (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by either Party, provided that it concerns a matter which, in the reasonable opinion of such Party, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not materially adverse to the economic interest of any former holder of HighGold Securities.

Appears in 1 contract

Sources: Arrangement Agreement (Contango ORE, Inc.)

Amendments to the Plan of Arrangement. (1a) Corporation Alexco and the Purchaser 108 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 Corporation the Alexco and the Purchaser (subject to the Arrangement Agreement)108, each acting reasonably, (iii) filed with the Court and, if made following the Corporation Alexco Meeting, approved by the Court, and (iv) communicated to the holders of Corporation Securities Alexco Securityholders if and as required by the Court. (2b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Corporation the Alexco or the Purchaser 108 at any time prior to or at the Corporation Meeting, Alexco Meeting (provided that the other Party (subject to the Arrangement Agreement) Alexco or 108, as applicable, shall have each consented thereto in writing, thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons persons voting at the Corporation Alexco Meeting in accordance with (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (3c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Corporation Alexco Meeting but prior to the Effective Date shall be effective only if (i) if it is consented to in writing by each of the Corporation Alexco and the Purchaser108 (in each case, acting reasonably), and (ii) if required by the Court, it is consented to by holders some or all of the applicable Corporation Securities Shareholders voting in the manner directed by the Court. (4) . Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date by granting of the Corporation and Final Order without filing such amendment, modification or supplement with the Purchaser, collectivelyCourt or seeking Court approval, provided that it is filed with the Court and it (i) concerns a matter which, in the reasonable opinion of the Parties, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not materially adverse to the financial or economic interests interest of any Shareholderholders of Alexco Securities or (ii) is an amendment contemplated in Section 6.1(d). (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by 108, provided that it concerns a matter which, in the reasonable opinion of 108, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not materially adverse to the economic interest of any former holder of Alexco Securities.

Appears in 1 contract

Sources: Assignment and Amendment Agreement (Hecla Mining Co/De/)

Amendments to the Plan of Arrangement. (1a) Corporation Alexco and the Purchaser Hecla 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 Corporation the Alexco and the Purchaser (subject to the Arrangement Agreement)Hecla, each acting reasonably, (iii) filed with the Court and, if made following the Corporation Alexco Meeting, approved by the Court, and (iv) communicated to the holders of Corporation Securities Alexco Securityholders if and as required by the Court. (2b) Any amendment, modification or supplement to this Plan of Arrangement may be proposed by Corporation the Alexco or the Purchaser Hecla at any time prior to or at the Corporation Meeting, Alexco Meeting (provided that the other Party (subject to Alexco or the Arrangement Agreement) Hecla, as applicable, shall have each consented thereto in writing, thereto) with or without any other prior notice or communication, and if so proposed and accepted by the Persons persons voting at the Corporation Alexco Meeting in accordance with (other than as may be required under the Interim Order), shall become part of this Plan of Arrangement for all purposes. (3c) Any amendment, modification or supplement to this Plan of Arrangement that is approved or directed by the Court following the Corporation Alexco Meeting but prior to the Effective Date shall be effective only if (i) if it is consented to in writing by each of the Corporation Alexco and the PurchaserHecla (in each case, acting reasonably), and (ii) if required by the Court, it is consented to by holders some or all of the applicable Corporation Securities Shareholders voting in the manner directed by the Court. (4) . Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date by granting of the Corporation and Final Order without filing such amendment, modification or supplement with the Purchaser, collectivelyCourt or seeking Court approval, provided that it is filed with the Court and it (i) concerns a matter which, in the reasonable opinion of the Parties, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not materially adverse to the financial or economic interests interest of any Shareholderholders of Alexco Securities or (ii) is an amendment contemplated in Section 6.1(d). (d) Any amendment, modification or supplement to this Plan of Arrangement may be made following the Effective Date unilaterally by Hecla, provided that it concerns a matter which, in the reasonable opinion of Hecla, is of an administrative nature required to better give effect to the implementation of this Plan of Arrangement and is not materially adverse to the economic interest of any former holder of Alexco Securities.

Appears in 1 contract

Sources: Arrangement Agreement (Hecla Mining Co/De/)