Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to enCore Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Azarga Shares that were exchanged pursuant to Section 3.1 unless and until the holder of such certificate shall surrender such certificate in accordance with Section 5.1. Subject to applicable law, at the time of such surrender of any such certificate (or, in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of those certificates formerly representing Azarga Shares, without interest: (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Consideration Shares, to which such Registered Holder is entitled; and (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender, payable with respect to the Consideration Shares, to which such holder is entitled.
Appears in 3 contracts
Sources: Arrangement Agreement (Encore Energy Corp.), Arrangement Agreement (Encore Energy Corp.), Arrangement Agreement
Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to enCore First Majestic Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Azarga Silvermex Shares that were exchanged pursuant to Section 3.1 2.3 unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 5.14.1. Subject to applicable law, at the time of such surrender of any such certificate (or, or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of those the certificates formerly representing Azarga whole Silvermex Shares, without interest: , (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Consideration Shares, to which such Registered Holder is entitled; whole First Majestic Share and (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender, surrender payable with respect to the Consideration Shares, to which such holder is entitledwhole First Majestic Share.
Appears in 3 contracts
Sources: Arrangement Agreement (Silvermex Resources Inc), Arrangement Agreement (Silvermex Resources Inc), Memorandum of Agreement (First Majestic Silver Corp)
Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to enCore Difference Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Azarga Mogo Shares that were exchanged pursuant to Section 3.1 2.4 unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 5.14.1. Subject to applicable law, at the time of such surrender of any such certificate (or, or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of those the certificates formerly representing Azarga whole Mogo Shares, without interest: , (iA) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Consideration Shares, to which such Registered Holder is entitled; whole Difference Share and (iiB) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender, surrender payable with respect to the Consideration Shares, to which such holder is entitledwhole Difference Share.
Appears in 2 contracts
Sources: Amending Agreement (Mogo Finance Technology Inc.), Arrangement Agreement (Mogo Finance Technology Inc.)
Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to enCore Resulting Issuer Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which that immediately prior to the Effective Time represented outstanding Azarga EMV Shares that were exchanged pursuant to Section 3.1 3.01 unless and until the holder of record of such certificate shall surrender has surrendered such certificate in accordance with Section 5.15.01. Subject to applicable law, at the time of such surrender of any such certificate (or, or in the case of clause (iib) below, at the appropriate payment date), there shall be paid to the holder of record of those the certificates formerly representing Azarga whole EMV Shares, without interest: , (ia) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Consideration Shares, to which such Registered Holder is entitled; whole Resulting Issuer Share and (iib) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender, surrender payable with respect to the Consideration Shares, to which such holder is entitledwhole Resulting Issuer Share.
Appears in 1 contract
Sources: Arrangement Agreement (Electrameccanica Vehicles Corp.)
Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to enCore Excellon Common Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate (which immediately prior to the Effective Time represented outstanding Azarga Silver Eagle Common Shares that which were exchanged pursuant to Section 3.1 3.1) unless and or until the holder of such certificate shall surrender such certificate in accordance with Section 5.1. Subject to applicable law, at the time of such surrender of any such certificate (or, in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of those certificates formerly representing Azarga SharesRegistered Holder, without interest: interest (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Consideration Excellon Common Shares, to which such Registered Holder is entitled; and or (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender, payable with respect to the Consideration Excellon Common Shares, to which such holder is entitled.
Appears in 1 contract
Sources: Arrangement Agreement
Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to enCore Metalla Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Azarga ValGold Shares that were exchanged pursuant to Section 3.1 2.3(b) unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 5.14.1. Subject to applicable law, at the time of such surrender of any such certificate (or, or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of those the certificates formerly representing Azarga whole ValGold Shares, without interest: , (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Consideration Shares, to which such Registered Holder is entitled; whole Metalla Share and (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender, surrender payable with respect to the Consideration Shares, to which such holder is entitledwhole Metalla Share.
Appears in 1 contract
Sources: Arrangement Agreement (Metalla Royalty & Streaming Ltd.)
Distributions with Respect to Unsurrendered Certificates. No dividends or other distributions declared or made effective after the Effective Time with respect to enCore First Majestic Shares and Newco Shares with a record date after the Effective Time shall be paid to the holder of any unsurrendered certificate which immediately prior to the Effective Time represented outstanding Azarga Normabec Shares that were exchanged pursuant to Section 3.1 2.3(d), unless and until the holder of record of such certificate shall surrender such certificate in accordance with Section 5.14.1. Subject to applicable law, at the time of such surrender of any such certificate (or, or in the case of clause (ii) below, at the appropriate payment date), there shall be paid to the holder of record of those the certificates formerly representing Azarga whole Normabec Shares, without interest: , (i) the amount of dividends or other distributions with a record date after the Effective Time theretofore paid with respect to the Consideration Shares, to which such Registered Holder is entitled; whole First Majestic Share or Newco Share and (ii) on the appropriate payment date, the amount of dividends or other distributions with a record date after the Effective Time but prior to surrender and a payment date subsequent to surrender, surrender payable with respect to the Consideration Shares, to which such holder is entitledwhole First Majestic Share or Newco Share.
Appears in 1 contract