Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 10 contracts
Sources: Shareholder Agreement, Shareholder Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or 60 days after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Company the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the CorporationCompany), then the resigning Rights Agent or the holder of any Rights may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Company's expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 9 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 8 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Tc Energy Corp), Shareholder Agreements (Transcanada Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 8 contracts
Sources: Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.9 at the Company's expense. The Corporation Company may remove the Rights Agent upon 30 60 days’ ' notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders Holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder Holder of any Rights (which holder Holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Holder's Rights Certificate for inspection by the CorporationCompany), then the resigning outgoing Rights Agent or the holder Holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Company's expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province Provinces of British Columbia and Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation Company to the predecessor Rights Agent of all outstanding fees and expenses owing expenses, owed by the Corporation Company to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 7 contracts
Sources: Shareholder Rights Plan Agreement (Pacific Rim Mining Corp), Shareholder Rights Plan Agreement (Western Copper & Gold Corp), Shareholder Rights Plan Agreement (Pacific Rim Mining Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 7 contracts
Sources: Shareholder Rights Plan Agreement (Encana Corp), Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.8 at the Corporation's expense. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders Holders of the Rights in accordance with Section 5.105.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder Holder of any Rights (which holder Holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Holder's Rights Certificate for inspection by the Corporation), then the resigning outgoing Rights Agent or the holder Holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in each of the Province provinces and territories of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 6 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Augusta Resource CORP), Shareholder Rights Plan Agreement (Jaguar Mining Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 6 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Enbridge Inc), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation Company may remove the Rights Agent upon 30 days’ days notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Company the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the CorporationCompany), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Company’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation Company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation Company to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 6 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Taseko Mines LTD), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 60 days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9 (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 30 days’ days notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation's expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 6 contracts
Sources: Shareholder Rights Plan Agreement (PRECISION DRILLING Corp), Shareholder Rights Plan Agreement (PRECISION DRILLING Corp), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail in accordance with Section 5.9 at the expense of the Corporation. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights mail in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Right Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent (at the Corporation's expense) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to of its outstanding fees and expenses the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a give notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement, Shareholder Protection Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Shares by registered first class mall, and mailed or certified maildelivered to the holders of the Rights in accordance with Section 5.9 hereof. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed or delivered to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail)first class mall, and mailed to the holders of the Rights in accordance with Section 5.105.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply apply, at the Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. , Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation body corporate incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Rights Agreement, Shareholder Rights Plan Agreement (Lincoln Gold Corp), Shareholder Rights Plan Agreement (Taseko Mines LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the CorporationREIT) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent REIT and to the transfer agent of the Common Shares (Units. The REIT may remove the Rights Agent upon 60 days’ notice in writing, mailed to the Rights Agent by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation REIT will appoint a successor to the Rights Agent. If the Corporation REIT fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the CorporationREIT’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the CorporationREIT), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation REIT or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of any and all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any rights, entitlements or any other property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation REIT will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common SharesUnits, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.44.04, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Unitholder Rights Agreement, Unitholder Rights Agreement, Unitholder Rights Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Cenovus Energy Inc.), Shareholder Rights Plan Agreement (Enbridge Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 90 days’ notice (or such lesser notice as is acceptable to the CorporationTransAlta) in writing mailed to the Corporation TransAlta and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation TransAlta may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation TransAlta will appoint a successor to the Rights Agent. If the Corporation TransAlta fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to TransAlta the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the CorporationTransAlta), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation TransAlta or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation TransAlta will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 6.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Shareholder Rights Plan Agreement (Transalta Corp), Shareholder Rights Plan Agreement (Transalta Corp), Shareholder Rights Plan Agreement (Transalta Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or 60 days after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Company the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the CorporationCompany), then the resigning Rights Agent or the holder of any Rights may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Company’s expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Shareholder Rights Plan Agreement (Rb Global Inc.), Shareholder Rights Plan Agreement (Ritchie Bros Auctioneers Inc), Shareholder Rights Plan Agreement (Macdonald Dettwiler & Associates LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Shareholder Rights Plan Agreement (Bitfarms LTD), Shareholder Rights Plan Agreement (Bitfarms LTD), Shareholder Rights Plan Agreement (Bitfarms LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, writing given to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery delivery, or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Shareholder Rights Plan, Shareholder Rights Plan Agreement (Descartes Systems Group Inc), Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 by giving 60 days’ ' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Voting Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ ' prior written notice in writing, given to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all any outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementthen owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 5 contracts
Sources: Shareholder Rights Plan Agreement (Corel Corp), Shareholder Rights Plan Agreement (Gsi Lumonics Inc), Shareholder Rights Plan Agreement (Corel Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 sixty (60) days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares of the Corporation by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by receiving from the Corporation to the predecessor Rights Agent payment in full of all amounts outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common SharesVoting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights. The cost of giving any notice required under this Section 4.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Inter-Citic Minerals Inc.), Shareholder Rights Plan Agreement (Novagold Resources Inc), Shareholder Rights Plan Agreement (Catalyst Paper Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 60 days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ days notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation's expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation▇▇▇▇ ▇▇▇▇▇▇) in writing mailed to the Corporation ▇▇▇▇ ▇▇▇▇▇▇ and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation ▇▇▇▇ ▇▇▇▇▇▇ may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation ▇▇▇▇ ▇▇▇▇▇▇ will appoint a successor to the Rights Agent. If the Corporation ▇▇▇▇ ▇▇▇▇▇▇ fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to ▇▇▇▇ ▇▇▇▇▇▇ the resigning or incapacitated Rights Agent (at the Corporation’s ▇▇▇▇ ▇▇▇▇▇▇’▇ expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation▇▇▇▇ ▇▇▇▇▇▇), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation ▇▇▇▇ ▇▇▇▇▇▇ or by such a court, shall be a corporation incorporated company constituted under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation ▇▇▇▇ ▇▇▇▇▇▇ will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. The cost of giving any notice required under this Section 4.4 shall be borne solely by ▇▇▇▇ ▇▇▇▇▇▇. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (West Fraser Timber Co., LTD), Successor Rights Plan Agreement (West Fraser Timber Co., LTD), Shareholder Rights Plan Agreement (West Fraser Timber Co., LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 90 days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10section 6.8. The Corporation may remove the Rights Agent upon 30 days prior written notice, mailed to the Rights Agent and to each transfer agent of the Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then by prior written notice to the resigning Corporation, the Rights Agent (at the Corporation’s expense, which expenses must be reasonable in the circumstances) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation Corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust Corporation in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Theratechnologies Inc.), Shareholder Rights Plan Agreement (Theratechnologies Inc.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Dirtt Environmental Solutions LTD), Shareholder Rights Agreement (Dirtt Environmental Solutions LTD), Shareholder Rights Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.8 at the Corporation's expense. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders Holders of the Rights in accordance with Section 5.105.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder Holder of any Rights (which holder Holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Holder's Rights Certificate for inspection by the Corporation), then the resigning outgoing Rights Agent or the holder Holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Keegan Resources Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation Company may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Company the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the CorporationCompany), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Company’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation Company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation Company to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Asanko Gold Inc.), Shareholder Agreement, Shareholder Rights Plan Agreement (Asanko Gold Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement agreement upon 30 60 days’ notice in writing (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of Rights in accordance with section 6.8, all of which will be at the Corporation’s expense. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shallholder, with such notice if given after the Separation Timenotice, must submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementagreement, shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Poet Technologies Inc.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, writing given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery delivery, or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Pembina Pipeline Corp), Shareholder Agreements, Shareholder Rights Plan Agreement (Pembina Pipeline Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) expense or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon following payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation owed to the predecessor Rights Agent pursuant to it under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Caledonia Mining Corp), Shareholder Rights Plan Agreement (Caledonia Mining Corp), Shareholder Rights Plan Agreement (Caledonia Mining Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 30 60 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Company the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the CorporationCompany), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 4 contracts
Sources: Shareholder Rights Plan Agreement (Kelso Technologies Inc), Shareholder Rights Plan Agreement (Animas Resources LTD), Shareholder Rights Plan Agreement (Rare Element Resources LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 60 days notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9 at the Corporation’s expense. The Corporation may remove the Rights Agent upon 30 days’ days notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or delivery, registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Alamos Gold Inc), Shareholder Rights Plan Agreement (AuRico Gold Inc.), Shareholder Rights Plan Agreement (Gammon Gold Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 sixty (60) days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares of the Corporation by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation Corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by receiving from the Corporation to the predecessor Rights Agent payment in full of all amounts outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common SharesVoting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights. The cost of giving any notice required under this Section 4.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Great Panther Silver LTD), Shareholder Rights Plan Agreement (Great Panther Resources LTD), Shareholder Rights Plan Agreement (Great Panther Resources LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice in writing (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with section 7.8. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10section 7.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights or the retiring Rights Agent, at the Corporation’s expense, may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioManitoba. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, Agent upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, Agreement shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the that purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 6.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice in writing (or such lesser notice as is acceptable to the CorporationREIT) in writing mailed to the Corporation REIT and to each transfer agent of Voting Shares Units by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. The Corporation REIT may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (Units by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation REIT will appoint a successor to the Rights Agent. If the Corporation REIT fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the CorporationREIT), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the REIT’s expense. Any successor Rights Agent, whether appointed by the Corporation REIT or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon receiving from the REIT payment by the Corporation to the predecessor Rights Agent in full of all amounts outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation REIT will file notice thereof in writing with the predecessor Rights Agent and the Agent, each transfer agent of the Common SharesUnits, and mail a notice thereof in writing to the holders of the Rights. The cost of giving any notice required under this section 5.4 shall be borne solely by the REIT. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each the transfer agent of Voting Common Shares (if different than the Rights Agent) by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10, all of which shall be at the expense of the Company . The Corporation Company may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s Company's expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by the CorporationCompany), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation Company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioQuebec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of any and all outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Clifton Star Resources Inc.), Shareholder Rights Plan Agreement (Cambior Inc), Shareholder Rights Plan Agreement (Cambior Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 by giving 60 days’ ' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Voting Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ ' prior written notice in writing, given to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on business out the duties of the Rights Agent specified in this Agreement in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent Agent, upon payment of any outstanding fee, any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Metallica Resources Inc), Shareholder Rights Plan Agreement (Altair International Inc), Shareholder Rights Plan Agreement (Altair International Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Algonquin Power & Utilities Corp.), Shareholder Rights Plan Agreement (Skeena Resources LTD), Shareholder Rights Plan Agreement (Skeena Resources LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 by giving 60 days’ ' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed thereof to the Corporation and Corporation, to each transfer agent of Voting the Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ ' prior written notice in writing, given thereof to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all any outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementthen owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Gildan Activewear Inc.), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Gildan Activewear Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 90 days’ notice (or such lesser notice as is acceptable to the CorporationTransAlta) in writing mailed to the Corporation TransAlta and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation TransAlta may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation TransAlta will appoint a successor to the Rights Agent. If the Corporation TransAlta fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the CorporationTransAlta), then the resigning Rights Agent or the holder of any Rights or the predecessor Rights Agent may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation TransAlta or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation TransAlta will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Transalta Corp), Shareholder Rights Plan Agreement (Transalta Corp), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of any and all outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent it pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Golden Star Resources LTD), Shareholder Rights Plan Agreement (Golden Star Resources LTD), Shareholder Rights Plan Agreement (Golden Star Resources LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ by giving 60 days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Voting Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ days prior written notice in writing, given to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment receiving all amounts owing to it hereunder (unless otherwise agreed by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this AgreementAgent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Southwestern Resources Corp), Shareholder Rights Plan Agreement (Southwestern Resources Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.7 at the Corporation’s expense. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders Holders of the Rights in accordance with Section 5.105.7. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder Holder of any Rights (which holder Holder shall, with such notice if given after the Separation Timenotice, submit such holderHolder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder Holder of any Rights Rights, may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation company incorporated under the laws of the United States or a state thereof or a company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a rights agent in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Tanzanian Gold Corp), Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 sixty (60) days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares of the Corporation by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days’ notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by receiving from the Corporation to the predecessor Rights Agent payment in full of all amounts outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common SharesVoting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Protection Rights Plan Agreement (Tournigan Energy Ltd.), Shareholder Protection Rights Plan Agreement (Tournigan Gold Corp), Shareholder Protection Rights Plan Agreement (Tournigan Gold Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, writing given to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery delivery, or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Aurizon Mines LTD), Shareholder Rights Plan Agreement (Aurizon Mines LTD), Shareholder Rights Plan Agreement (Nexen Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and CDS and to each transfer agent of Voting Shares by registered first class mail, and mailed or certified maildelivered to the holders of the Rights in accordance with Section 5.9 hereof. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed or delivered to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified first class mail), and mailed to the holders of the Rights in accordance with Section 5.105.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply apply, at the Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agentrights agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business required in order for such successor rights agent to fulfill its obligations under this Agreement in the Province of Ontario. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, Agent upon payment by the Corporation receipt of all fees and expenses outstanding to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 by giving 60 days’ prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed thereof to the Corporation and Corporation, to each transfer agent of Voting Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ prior written notice in writing, given thereof to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by of the Corporation), then then, subject to prior written notice to the resigning Rights Agent or Corporation, the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuebec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all any outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementthen owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Aeterna Zentaris Inc.), Shareholder Rights Plan Agreement (Aeterna Zentaris Inc.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 sixty (60) days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares of the Corporation by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days' notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares of the Corporation by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by receiving from the Corporation to the predecessor Rights Agent payment in full of all amounts outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common SharesVoting Shares of the Corporation, and mail a notice thereof in writing to the holders of the Rights. The cost of giving any notice required under this Section 4.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Protection Rights Plan Agreement (Cae Inc), Shareholder Rights Plan Agreement (Cedara Software Corp), Shareholder Protection Rights Plan Agreement (Cae Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 60 days notice (or such lesser notice as is acceptable to the CorporationTrust) in writing mailed to the Corporation Trust and to each transfer agent of Voting Shares Units by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9, all of which shall be at the Trust’s expense. The Trust may remove the Rights Agent upon 60 days notice in writing, mailed to the Rights Agent and to each transfer agent of the Units by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the Trust’s expense. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Trust will appoint a successor to the Rights Agent. If the Corporation Trust fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the CorporationTrust), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Trust’s expense. Any successor Rights Agent, whether appointed by the Corporation Trust or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation Trust to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Trust will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common SharesUnits, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Unitholders Rights Plan Agreement, Unitholders Rights Plan Agreement, Unitholders Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.8 at the Corporation’s expense. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders Holders of the Rights in accordance with Section 5.105.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder Holder of any Rights (which holder Holder shall, with such notice if given after the Separation Timenotice, submit such holderHolder’s Rights Certificate for inspection by the Corporation), then the resigning outgoing Rights Agent or the holder Holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Pretium Resources Inc.), Shareholder Rights Plan Agreement (Pretium Resources Inc.), Shareholder Rights Plan Agreement (Pretium Resources Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated company constituted under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Kinross Gold Corp), Shareholder Rights Plan Agreement (Kinross Gold Corp), Shareholder Rights Plan Agreement (Kinross Gold Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 90 days’ prior notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of the Voting Shares and Variable Voting Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10. The Corporation may remove the Rights Agent upon 30 days’ prior notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Voting Shares (and Variable Voting Shares by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate certificate for inspection by the Corporation), then the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon following payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing owed to it by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Voting Shares and Variable Voting Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.10. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Postmedia Network Canada Corp.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by receiving from the Corporation to the predecessor Rights Agent payment in full of all amounts outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. The cost of giving any notice required under this Section 4.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (International Absorbents Inc), Shareholder Rights Plan Agreement (International Absorbents Inc), Shareholder Rights Plan Agreement (International Absorbents Inc)
Change of Rights Agent. (1) The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 at least sixty (60) days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.8 hereof (all of which shall be at the expense of the Corporation). The Corporation may remove the Rights Agent upon thirty (30) days' notice in writing, mailed to the Rights Agent and to each transfer agent of the Voting Shares by registered or certified mail and to the holders of the Rights in accordance with Section 5.8 hereof.
(2) If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 sixty (60) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by receiving from the Corporation to the predecessor Rights Agent payment in full of all amounts outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Voting Shares, and mail a notice thereof in writing to the holders of the Rights. The cost of giving any notice required under this Section 4.4 shall be borne solely by the Corporation. Failure to give any notice provided for in this Section 4.4, 4.4 however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Baja Mining Corp.), Shareholder Rights Plan Agreement (Baja Mining Corp.), Shareholder Rights Plan Agreement (North American Palladium LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 90 days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10section 6.8. The Corporation may remove the Rights Agent upon 30 days prior written notice, mailed to the Rights Agent and to each transfer agent of the Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then by prior written notice to the resigning Corporation, the Rights Agent (at the Corporation’s expense, which expenses must be reasonable in the circumstances) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.8 at the Corporation’s expense. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights Holders in accordance with Section 5.105.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder Holder of any Rights (which holder Holder shall, with such notice if given after the Separation Timenotice, submit such holderHolder’s Rights Certificate for inspection by the Corporation), then the resigning outgoing Rights Agent or the holder a Holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in each of the Province provinces and territories of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail or cause to be mailed a notice thereof in writing to the holders of the RightsHolders. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Crystallex International Corp), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail in accordance with Section 5.9 at the expense of the Corporation. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights mail in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Right Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent then the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to of its outstanding fees and expenses the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a give notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Protection Rights Plan Agreement (Greenfire Resources Ltd.), Shareholder Protection Rights Plan Agreement (Greenfire Resources Ltd.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ ' notice (or such lesser notice as is acceptable to the CorporationVeresen) in writing mailed to the Corporation Veresen and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.8. Veresen may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Veresen will appoint a successor to the Rights Agent. If the Corporation Veresen fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then the resigning Rights Agent (at the Corporation’s Veresen's expense) or by the any holder of any Rights (which holder shall, with such notice if given after the Separation Time, of Rights shall also submit such holder’s his Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights Veresen) may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Veresen or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Veresen will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Shares (if different than the Rights Agent) by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10, all of which shall be at the expense of the Corporation. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of any and all outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/), Shareholder Rights Plan Agreement (Lions Gate Entertainment Corp /Cn/)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mail, and to the Holders of the Rights in accordance with Section 5.7 at the Corporation's expense. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders Holders of the Rights in accordance with Section 5.105.7. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder Holder of any Rights (which holder Holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Holder's Rights Certificate for inspection by the Corporation), then the resigning outgoing Rights Agent or the holder Holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in each of the Province provinces and territories of OntarioCanada. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing expenses, owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail or cause to be mailed a notice thereof in writing to the holders Holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Americas Silver Corp), Shareholder Rights Plan Agreement (Americas Silver Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ " notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation Company may remove the Rights Agent upon 30 60 days’ " notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Company the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the CorporationCompany), then the resigning Rights Agent or the holder of any Rights may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Company's expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioQuébec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for Rights in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.accordance with
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Richmont Mines Inc), Shareholder Rights Plan Agreement (Richmont Mines Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 by giving 60 days’ prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Voting Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.11 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ prior written notice in writing, given to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or 60 days after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a rights agent in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (SSR Mining Inc.), Shareholder Rights Plan Agreement (Silver Standard Resources Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Wi-Lan Inc.), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation's expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 60 days’ ' notice in writing, writing given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery delivery, or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent of all of its outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (ENERPLUS Corp), Shareholder Rights Plan Agreement (ENERPLUS Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent (at Agent, then by prior written notice to the Corporation’s expense) , the resigning Rights Agent or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province Provinces of Alberta and Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Advantage Oil & Gas Ltd.), Shareholder Rights Plan Agreement (Advantage Oil & Gas Ltd.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ ' notice (or such lesser notice as is acceptable to the CorporationFund) in writing mailed to the Corporation Fund and to each transfer agent of Voting Shares Trust Units by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation Fund may remove the Rights Agent upon 30 days’ ' notice in writing, writing given to the Rights Agent and to the transfer agent of the Common Shares Trust Units (by personal delivery delivery, or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Fund will appoint a successor to the Rights Agent. If the Corporation Fund fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Fund's expense. Any successor Rights Agent, whether appointed by the Corporation Fund or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent of all of its outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Fund will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common SharesTrust Units, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Unitholder Rights Plan Agreement (Enerplus Resources Fund), Unitholder Rights Plan Agreement (Enerplus Resources Fund)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified first class mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and mailed or delivered to the holders of the Rights in accordance with Section 5.105.9 hereof. The Corporation may remove the Rights Agent upon 60 days' notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Shares by first class mail, and mailed to the holders of the Rights in accordance with Section 5.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply apply, at the Corporation's expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation body corporate incorporated under the laws of Canada or a province thereof and authorized to carry on business in the Province of Ontario. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, Agent upon payment by the Corporation receipt of all fees and expenses outstanding to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Rights Agreement (Kinross Gold Corp), Rights Agreement (Kinross Gold Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement agreement upon 30 60 days’ ' notice in writing (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shallholder, with such notice if given after the Separation Timenotice, must submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a transfer agent in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementagreement, shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Royal Standard Minerals Inc), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement agreement upon 30 60 days’ notice in writing (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified first class mail, and to the holders of Rights in accordance with section 6.8, all of which will be at the Corporation’s expense. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified first class mail), and to the holders of the Rights in accordance with Section 5.10section 6.8 at the expense of the Corporation. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementagreement, shall will deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (TLC Vision Corp), Shareholder Rights Plan Agreement (TLC Vision Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 60 days notice (or such lesser notice as is acceptable to the CorporationTrust) in writing mailed to the Corporation Trust and to each transfer agent of Voting Shares Units by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9, all of which shall be at the Trust’s expense. The Trust may remove the Rights Agent upon 60 days notice in writing, mailed to the Rights Agent and to each transfer agent of the Units by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the expense of the Trust. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Trust will appoint a successor to the Rights Agent. If the Corporation Trust fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the CorporationTrust), then the holder or the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Trust’s expense. Any successor Rights Agent, whether appointed by the Corporation Trust or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation Trust to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Trust will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common SharesUnits, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 sixty (60) days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation Corporation, and in the event that the Rights Agent or one or more of its Affiliates is not also the transfer agent for the Common Shares, to each transfer agent of Voting Common Shares by first class or registered or certified mail. The Corporation may remove the Rights Agent upon 30 thirty (30) days’ notice in writing, given writing to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery email or by mail delivered by first class or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 thirty (30) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s the Rights Certificate of such holder for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated Person organized and doing business in good standing under the laws of the United States, any state of the United States, or Canada or a province or territory thereof and authorized to carry on appropriate business as principal or through an agent in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to provided that the predecessor Rights Agent shall, upon receiving from the Corporation payment in full of all outstanding fees and expenses amounts owing to it hereunder (unless otherwise agreed by the Corporation to the predecessor Rights Agent pursuant to this AgreementAgent), shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Gold Royalty Corp.), Shareholder Rights Plan Agreement (Gold Royalty Corp.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 90 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.11. The Corporation Company may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the CorporationCompany), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioSaskatchewan. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Voting Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.11. Failure to give any notice provided for in this Section 4.44.04, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Agreement (Ipsco Inc), Shareholder Rights Agreement (Ipsco Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 90 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to of its outstanding fees and expenses the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the that purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a give notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Mdsi Mobile Data Solutions Inc /Can/), Shareholder Rights Plan Agreement (Mdsi Mobile Data Solutions Inc /Can/)
Change of Rights Agent. The Rights Agent or any successor Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares the Common Stock by registered or certified mail, in the event that the transfer agent is a Person other than the Rights Agent or one of the Rights Agent's affiliates. The Corporation may remove the Rights Agent or any successor Rights Agent upon 30 60 days’ ' notice in writing, given mailed to the Rights Agent or successor Rights Agent, as the case may be, and to the each transfer agent of the Common Shares (Stock by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10Certificates by first-class mail. If the Rights Agent should shall resign or be removed or shall otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails shall fail to make such appointment within a period of 30 60 days after giving notice of such removal or within 60 days after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any a Rights Certificate (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the registered holder of any Rights Certificate may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated or other entity organized and doing business under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon following payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation owed to the predecessor Rights Agent pursuant to it under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Stock and mail a notice thereof in writing to the registered holders of the RightsRights Certificates. Failure to give any notice provided for in this Section 4.420, however, or any defect therein, shall will not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Tax Benefit Preservation Plan Agreement (Kingsway Financial Services Inc), Tax Benefit Preservation Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares (if different than the Rights Agent) by registered or certified mail, and to the holders of the Rights in accordance with Section 5.10, all of which shall be at the expense of the Corporation. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s 's expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of any and all outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Falconbridge LTD), Shareholder Rights Plan Agreement (Falconbridge LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.8 all of which shall be at the Corporation’s expense. The Corporation may remove the Rights Agent upon 60 days’ notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. The Corporation may remove the Rights Agent upon 30 days' notice in writing given to the Rights Agent and to each transfer agent of the Common Shares (by personal delivery, or registered or certified mail). If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent Agent, at the expense of the Corporation, or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementexpenses, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Nexen Inc), Shareholder Rights Plan Agreement (Nexen Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Common Shares by registered first class mail, and mailed or certified maildelivered to the holders of the Rights in accordance with Section 5.9 hereof. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed or delivered to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified first class mail), and mailed to the holders of the Rights in accordance with Section 5.105.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply apply, at the Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation body corporate incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation receipt of all fees and expenses outstanding to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this AgreementCorporation, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be. Following the resignation of the Rights Agent and until the appointment of a successor Rights Agent, the Corporation shall be entitled to act in the capacity of the Rights Agent under this Agreement.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Atna Resources LTD), Shareholder Rights Plan Agreement (Atna Resources LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified first class mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and mailed or delivered to the holders of the Rights in accordance with Section 5.105.9 hereof. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Shares by first class mail, and mailed to the holders of the Rights in accordance with Section 5.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply apply, at the Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation body corporate incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioOntario or a body corporate under the laws of the United States or a state thereof to carry on the business of a trust company under the laws of the United States or a state thereof. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, Agent upon payment by the Corporation receipt of all fees and expenses outstanding to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (SunOpta Inc.), Shareholder Rights Plan Agreement (SunOpta Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s 's expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s 's expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Jaguar Mining Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (International Royalty Corp), Shareholder Rights Plan Agreement (International Royalty Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting for the Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of for the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation's expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of for the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of Rights in accordance with Section 5.9 at the Corporation’s expense. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or delivery, registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the Corporation), then may apply, at the resigning Rights Agent or the holder of any Rights may apply Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a company in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Alamos Gold Inc), Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail in accordance with Section 5.9 at the expense of the Corporation. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights mail in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent (at the Corporation's expense) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to of its outstanding fees and expenses the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a give notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Protection Rights Plan Agreement (Transglobe Energy Corp), Shareholder Protection Rights Plan Agreement (Transglobe Energy Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 90 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Shares by registered or certified mail, and to the holders of the Rights in accordance with section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10section 5.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Protection Rights Plan Agreement (AnorMED Inc.), Shareholder Protection Rights Plan Agreement (AnorMED Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Right Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to of its outstanding fees and expenses the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a give notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Birch Mountain Resources LTD), Shareholders Rights Plan Agreement (Centurion Energy Internatonal Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 by giving 60 days’ ' prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed thereof to the Corporation and Corporation, to each transfer agent of Voting the Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ ' prior written notice in writing, given thereof to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioQuebec. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all any outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementthen owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Gildan Activewear Inc.), Shareholder Rights Plan Agreement (Gildan Activewear Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing delivered or mailed to the Corporation and to each transfer agent of Voting Shares by registered first class mail and mailed or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and delivered to the holders of the Rights in accordance with Section 5.105.9 hereof. The Corporation may remove the Rights Agent upon 60 days’ notice in writing, mailed or delivered to the Rights Agent and to each transfer agent of the Shares by first class mail, and mailed to the holders of the Rights in accordance with Section 5.9 hereof. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will shall appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply apply, at the Corporation’s expense, to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontario. After appointment, the successor Rights Agent will shall be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, Agent upon payment by the Corporation receipt of all fees and expenses outstanding to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will shall file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ by giving 60 days prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and Corporation, to each transfer agent of Voting Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.11 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ days prior written notice in writing, given to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.11. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a rights agent in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing owed by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.11. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each the transfer agent of Voting for the Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 60 days’ ' notice in writing, given mailed to the Rights Agent and to the transfer agent of for the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate for inspection by the Corporation), then the resigning Rights Agent (at the Corporation’s expense) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a courtcourt shall, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon following payment by the Corporation of any outstanding fees and expenses owed to it under this agreement the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the transfer agent of for the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ ' notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ ' notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or 60 days after it has been notified in writing of such the resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Corporation the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Corporation's expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariothereof. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.8. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ by giving 60 days prior written notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation and Company, to each transfer agent of Voting Common Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Company. The Corporation Company may remove the Rights Agent upon by giving 30 days’ days prior written notice in writing, given to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by of the CorporationCompany), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Keegan Resources Inc.), Shareholder Rights Plan Agreement (Norsemont Mining Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ ninety (90) days prior written notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10section 6.8. The Company may remove the Rights Agent upon thirty (30) days prior written notice, mailed to the Rights Agent and to each transfer agent of the Shares by registered or certified mail, and to the holders of the Rights in accordance with section 6.8. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 thirty (30) days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the CorporationCompany), then by prior written notice to the resigning Company, the Rights Agent (at the Company’s expense, which expenses must be reasonable in the circumstances) or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agentrights agent, whether appointed by the Corporation Company or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof and authorized to carry on the business required in order for such successor rights agent to fulfill its obligations under this Agreement in the Province of Ontario. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties duties, and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation Company to the predecessor Rights Agent of all outstanding fees and expenses owing owed by the Corporation Company to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4section 5.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (DiaMedica Therapeutics Inc.), Shareholder Rights Plan Agreement (DiaMedica Therapeutics Inc.)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 by giving 60 days’ prior written notice (or such lesser notice as is acceptable to the Corporation) in writing mailed thereof to the Corporation and Corporation, to each transfer agent of Voting the Shares by registered or certified mailand to the holders of the Rights, all in accordance with Section 5.9 and at the expense of the Corporation. The Corporation may remove the Rights Agent upon by giving 30 days’ prior written notice in writing, given thereof to the Rights Agent and Agent, to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by of the Corporation), then the resigning Rights Agent or the holder of any Rights or the Rights Agent may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Corporation’s expense. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall must be a corporation incorporated under the laws of Canada or a province thereof and authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all any outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementthen owing, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement, Shareholder Rights Plan Agreement (Ce Franklin LTD)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the Corporation) in writing mailed to the Corporation and to each transfer agent of Voting Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, writing given to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery delivery, or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation will appoint a successor to the Rights Agent. If the Corporation fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation)Agent, then the resigning Rights Agent or the any holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunderhereunder upon payment of its outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent under this Agreement, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Suncor Energy Inc), Shareholder Rights Plan Agreement (Suncor Energy Inc)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as is acceptable to the CorporationTrust) in writing mailed to the Corporation Trust and to each transfer agent of Voting Shares Units by registered or certified mail. The Corporation Trust may remove the Rights Agent upon 30 60 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (Units by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Trust will appoint a successor to the Rights Agent. If the Corporation Trust fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to the Trust, the resigning Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s 's Rights Certificate Certificate, if any, for inspection by the CorporationTrust), then the resigning Rights Agent or the holder of any Rights may apply to any a court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent, at the Trust's expense. Any successor Rights Agent, whether appointed by the Corporation Trust or by such a court, shall be a corporation incorporated company constituted under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioAlberta. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent receipt of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreementit, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, hereunder and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Trust will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Units and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Unitholder Rights Plan Agreement (Fording Canadian Coal Trust), Unitholder Rights Plan Agreement (Fording Canadian Coal Trust)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 60 days’ notice (or such lesser notice as contemplated by Section 5.20 in the circumstances described therein, or as is acceptable to the CorporationCrosshair) in writing mailed to the Corporation Crosshair and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation Crosshair may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.10. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Crosshair will appoint a successor to the Rights Agent. If the Corporation Crosshair fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent, then by prior written notice to Crosshair the resigning Rights Agent (at the Corporation’s Crosshair’ expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate Certificate, if any, for inspection by the CorporationCrosshair), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Crosshair or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business of a trust company in the Province of OntarioBritish Columbia. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Crosshair will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the any successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Crosshair Exploration & Mining Corp), Shareholder Rights Plan Agreement (Crosshair Exploration & Mining Corp)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 days’ 60 days notice (or such lesser notice as is acceptable to the CorporationCompany) in writing mailed to the Corporation Company and to each transfer agent of Voting Common Shares by registered or certified mail. The Corporation may remove the Rights Agent upon 30 days’ notice in writing, given to the Rights Agent and to the transfer agent of the Common Shares (by personal delivery or registered or certified mail), and to the holders of the Rights in accordance with Section 5.105.9, all of which shall be at the Company’s expense. The Company may remove the Rights Agent upon 60 days notice in writing, mailed to the Rights Agent and to each transfer agent of the Common Shares by registered or certified mail, and to the holders of the Rights in accordance with Section 5.9, all of which shall be at the Company’s expense. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 60 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Timenotice, submit such holder’s Rights Certificate for inspection by the CorporationCompany), then the holder or the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights AgentAgent at the Company’s expense. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation company incorporated under the laws of Canada or a province thereof authorized to carry on business in the Province of Ontariobusiness. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights AgentAgent shall, upon payment by the Corporation to the predecessor Rights Agent in full of all any outstanding fees and expenses amounts owing by the Corporation Company to the predecessor Rights Agent pursuant to under this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, and mail a notice thereof in writing to the holders of the Rights. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Cott Corp /Cn/), Shareholder Agreement (Cott Corp /Cn/)
Change of Rights Agent. The Rights Agent may resign and be discharged from its duties under this Agreement upon 30 90 days’ notice (or such lesser notice as is acceptable to the CorporationCompany) in writing delivered or mailed to the Corporation Company and to each transfer agent of Voting Common Shares by registered or certified mailmail and to the holders of the Rights in accordance with Section 5.9. The Corporation Company may remove the Rights Agent upon 30 days’ notice in writing, given mailed to the Rights Agent and to the each transfer agent of the Common Shares (by personal delivery or registered or certified mail), mail and to the holders of the Rights in accordance with Section 5.105.9. If the Rights Agent should resign or be removed or otherwise become incapable of acting, the Corporation Company will appoint a successor to the Rights Agent. If the Corporation Company fails to make such appointment within a period of 30 days after such removal or after it has been notified in writing of such resignation or incapacity by the resigning or incapacitated Rights Agent (at the Corporation’s expense) or by the holder of any Rights (which holder shall, with such notice if given after the Separation Time, submit such holder’s Rights Certificate for inspection by the Corporation), then the resigning Rights Agent or the holder of any Rights may apply to any court of competent jurisdiction (at the Corporation’s expense) for the appointment of a new Rights Agent. Any successor Rights Agent, whether appointed by the Corporation Company or by such a court, shall be a corporation incorporated under the laws of Canada or a province thereof authorized to carry on the business in the Province of Ontarioa trust company. After appointment, the successor Rights Agent will be vested with the same powers, rights, duties and responsibilities as if it had been originally named as Rights Agent without further act or deed; but the predecessor Rights Agent, upon payment by the Corporation to of its outstanding fees and expenses the predecessor Rights Agent of all outstanding fees and expenses owing by the Corporation to the predecessor Rights Agent pursuant to this Agreement, shall deliver and transfer to the successor Rights Agent any property at the time held by it hereunder, and execute and deliver any further assurance, conveyance, act or deed necessary for the that purpose. Not later than the effective date of any such appointment, the Corporation Company will file notice thereof in writing with the predecessor Rights Agent and the each transfer agent of the Common Shares, Shares and mail a give notice thereof in writing to the holders of the RightsRights in accordance with Section 5.9. Failure to give any notice provided for in this Section 4.4, however, or any defect therein, shall not affect the legality or validity of the resignation or removal of the Rights Agent or the appointment of the successor Rights Agent, as the case may be.
Appears in 2 contracts
Sources: Shareholder Rights Plan Agreement (Rubicon Minerals Corp), Shareholder Rights Plan Agreement (Rubicon Minerals Corp)