Amendments to the Plan of Arrangement. (a) The Company and the Purchaser may agree to amend this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment must be: (i) set out in writing; (ii) filed with the Court and, if made following the first to occur of the Meeting, approved by the Court; and (iii) communicated to Securityholders if and as required by Applicable Laws or the Court. (b) Any amendment to this Plan of Arrangement agreed to by the Company and the Purchaser at any time prior to or at the first to occur of the Meeting, which is proposed and accepted by Securityholders voting at the Meeting, shall become part of this Plan of Arrangement for all purposes. (c) Any amendment to this Plan of Arrangement that is approved by the Court following the Meeting shall be effective only if it is consented to by each of the Company and the Purchaser. (d) 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 and its counsel, 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 Securityholder.
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Sources: Acquisition Agreement (Big Lots Inc)
Amendments to the Plan of Arrangement. (a) The Company Harvest and the Purchaser may agree to amend this Plan of Arrangement at any time and from time to time prior to the Effective Time, provided that each such amendment must be: (i) set out in writing; (ii) filed with the Court and, if made following the first to occur of the Special Meeting, approved by the Court; and (iii) communicated to Securityholders if and as required by Applicable Laws or the Court.
(b) Any amendment to this Plan of Arrangement agreed to by the Company Harvest and the Purchaser at any time prior to or at the first to occur of the Special Meeting, which is proposed and accepted by Securityholders voting at the Special Meeting, shall become part of this Plan of Arrangement for all purposes.
(c) Any amendment to this Plan of Arrangement that is approved by the Court following the Special Meeting shall be effective only if it is consented to by each of the Company Harvest and the Purchaser.
(d) 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 and its counsel, 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 Securityholder.
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