Effect of Exercise of Warrants. (1) If the Warrants are duly exercised in accordance with sections 3.1 and 3.2, the Underlying Securities subscribed for shall be deemed to have been issued and the person or persons to whom such Underlying Securities are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities on the Exercise Date unless the transfer registers for the Common Shares shall be closed on such date, in which case the Underlying Securities subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened. (2) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, within three Business Days after the Exercise Date of such Warrants, the Corporation shall cause to be mailed to the person in whose name the Underlying Securities so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such name.
Appears in 3 contracts
Sources: Warrant Indenture (Bridgeport Ventures Inc.), Warrant Indenture (Bridgeport Ventures Inc.), Warrant Indenture (Bridgeport Ventures Inc.)
Effect of Exercise of Warrants. (1) If Upon exercise of the Warrants are duly exercised in accordance with section 4.2, and subject to sections 3.1 2.2, 4.4, 4.5, and 3.25.4, the Underlying Securities subscribed for Corporation shall cause the holder thereof to be entered forthwith on its register of shareholders as the holder of the Shares and the Shares so acquired shall be deemed to have been issued issued, and the person or persons to whom such Underlying Securities those Shares are to be issued shall be deemed to have become the holder shareholder or holders shareholders of record of such Underlying Securities the Shares on the Exercise Date unless the transfer registers for register of the Common Shares Corporation shall be closed on such that date, in which case the Underlying Securities subscribed for Shares so acquired shall be deemed to have been be issued and such the person or persons shall be deemed to have become the holder shareholder or holders shareholders of record of the same Shares on the date on which such transfer registers are re-openedthe register is reopened and the Shares shall be issued on the later date.
(2) In Upon the case due exercise of the Warrants which as aforesaid, the Corporation shall, forthwith cause to be delivered to the Trustee as agent for the person or persons in whose name or names the Shares and Warrants so acquired are exercised to be issued as specified in the exercise forms attached to the Warrant Certificates, certificates for the appropriate number of Shares that the Warrantholders are entitled to pursuant to the Warrants surrendered. Upon receipt by the Trustee of such certificates the Trustee shall cause such certificates to be delivered forthwith in accordance with the provisions written delivery instructions of sections 3.1 and 3.2the holder, within three Business Days after or in the Exercise Date absence of such Warrantsinstructions, the Corporation shall cause to be mailed by registered mail without charge therefor, to the person or persons in whose name or names the Underlying Securities so subscribed for are to be delivered, as Shares have been issued at the addresses specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such nameexercise forms.
Appears in 2 contracts
Sources: Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp)
Effect of Exercise of Warrants. (1a) If Upon compliance by the Warrants are duly exercised in accordance holder of any Warrant Certificate with sections 3.1 the provisions of Section 3.1, and 3.2subject to Section 3.3, the Underlying Securities Common Shares subscribed for shall be deemed to have been issued as fully paid and non-assessable and the person or persons to whom such Underlying Securities Common Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Common Shares on the Exercise Date unless the transfer registers for of the Common Shares Corporation shall be closed on such date, in which case the Underlying Securities Common Shares subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same such Common Shares, on the date on which such transfer registers are re-openedreopened.
(2b) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, within Within three Business Days after the Exercise Date of such Warrantsa Warrant as set forth above, the Corporation shall cause to be mailed to the person or persons in whose name or names the Underlying Securities Common Shares so subscribed for are to be deliveredhave been issued, as specified in the Exercise Formexercise form completed in connection with the exercise of the Warrants, at the address specified in such Exercise Form, exercise form or, if so specified in such Exercise Formexercise form, cause to be held for delivered to such person for pick-up or persons at the Warrant AgencyAgency where the Warrant Certificate was surrendered, a certificate or certificates representing for the Underlying Securities to be issued pursuant to such Exercise Formappropriate number of Common Shares subscribed for, registered or if requested, evidence of the Common Shares so subscribed for held in such namethe Book-Based System.
Appears in 2 contracts
Sources: Warrant Indenture (Oilsands Quest Inc), Warrant Indenture (Oilsands Quest Inc)
Effect of Exercise of Warrants. (1) If the Warrants are duly exercised in accordance with sections Section 3.1 and Section 3.2, the Underlying Securities Shares subscribed for shall be deemed to have been issued and the person Person or persons Persons to whom such Underlying Securities Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Shares on the Exercise Date unless the transfer registers for the Common Shares shall be closed on such date, in which case the Underlying Securities Shares subscribed for shall be deemed to have been issued and such person Person or persons Persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened.
(2) In the case of Warrants which are exercised in accordance with the provisions of sections Section 3.1 and Section 3.2, within three five Business Days after the Exercise Date of such Warrants, the Corporation Warrant Agent shall cause to be delivered or mailed to the person Person in whose name the Underlying Securities Shares so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person Person for pick-up at the Warrant Agency, certificates representing the Underlying Securities Shares to be issued pursuant to such Exercise Form, registered in such name.
Appears in 2 contracts
Sources: Warrant Agency Agreement (Cannabist Co Holdings Inc.), Warrant Agency Agreement (Ayr Wellness Inc.)
Effect of Exercise of Warrants. (1) If the Warrants are duly exercised in accordance with sections Section 3.1 and Section 3.2, the Underlying Securities Shares subscribed for shall be deemed to have been issued and the person Person or persons Persons to whom such Underlying Securities Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Shares on the Exercise Date unless the transfer registers for the Common Shares shall be closed on such date, in which case the Underlying Securities Shares subscribed for shall be deemed to have been issued and such person Person or persons Persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened.
(2) In the case of Warrants which are exercised in accordance with the provisions of sections Section 3.1 and Section 3.2, within three Business Days after the Exercise Date of such Warrants, the Corporation Warrant Agent shall cause to be delivered or mailed to the person Person in whose name the Underlying Securities Shares so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person Person for pick-up at the Warrant Agency, certificates representing the Underlying Securities Shares to be issued pursuant to such Exercise Form, registered in such name.
Appears in 2 contracts
Sources: Warrant Agency Agreement (TPCO Holding Corp.), Warrant Agency Agreement (Bespoke Capital Acquisition Corp)
Effect of Exercise of Warrants. (1) If the Warrants are duly exercised in accordance with sections Section 3.1 and 3.2Section 3.2 or Section 3.3, the Underlying Securities subscribed for shall be deemed to have been issued and the person Person or persons Persons to whom such Underlying Securities are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities on the Exercise Date unless the transfer registers for the Common Shares shall be closed on such date, in which case the Underlying Securities subscribed for shall be deemed to have been issued and such person Person or persons Persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened.
(2) In the case of Warrants which are exercised in accordance with the provisions of sections Section 3.1 and 3.2Section 3.2 or Section 3.3, within three five (5) Business Days after the Exercise Date of such Warrants, the Corporation shall cause to be mailed to the person Person in whose name the Underlying Securities so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person Person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such name.
Appears in 2 contracts
Sources: Warrant Indenture (Dragonwave Inc), Warrant Indenture (Dragonwave Inc)
Effect of Exercise of Warrants. (1) If Upon exercise of the Warrants are duly exercised in accordance with section 4.1, and subject to sections 3.1 2.2, 4.3, 4.4, and 3.25.4, the Underlying Securities subscribed for Corporation shall cause the holder thereof to be entered forthwith on its register of shareholders as the holder of the Shares and the Shares so acquired shall be deemed to have been issued issued, and the person or persons to whom such Underlying Securities those Shares are to be issued shall be deemed to have become the holder shareholder or holders shareholders of record of such Underlying Securities the Shares on the Exercise Date unless the transfer registers for register of the Common Shares Corporation shall be closed on such that date, in which case the Underlying Securities subscribed for Shares so acquired shall be deemed to have been be issued and such the person or persons shall be deemed to have become the holder shareholder or holders shareholders of record of the same Shares on the date on which such transfer registers are re-openedthe register is reopened and the Shares shall be issued on the later date.
(2) In Upon the case due exercise of the Warrants which as aforesaid, the Corporation shall, forthwith cause to be delivered to the Trustee as agent for the person or persons in whose name or names the Shares so acquired are exercised to be issued as specified in the exercise forms in the form set out in Appendix “A” to Schedule “A” hereto, certificates for the appropriate number of Shares that the Warrantholders are entitled to pursuant to the Warrants surrendered. Upon receipt by the Trustee of such certificates the Trustee shall cause such certificates to be delivered forthwith in accordance with the provisions written delivery instructions of sections 3.1 and 3.2the holder, within three Business Days after or in the Exercise Date absence of such Warrantsinstructions, the Corporation shall cause to be mailed by registered mail without charge therefor, to the person or persons in whose name or names the Underlying Securities so subscribed for are to be delivered, as Shares have been issued at the addresses specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such nameexercise forms.
Appears in 1 contract
Sources: Warrant Indenture (Vista Gold Corp)
Effect of Exercise of Warrants. (1a) If Upon compliance by the Warrants are duly exercised in accordance holder of any Warrant Certificate with sections 3.1 and the provisions of Section 3.2, and subject to Section 3.4, the Underlying Securities Common Shares subscribed for shall be deemed to have been issued and the person or persons to whom such Underlying Securities Common Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Common Shares on the Exercise Date unless the transfer registers for of the Common Shares Company shall be closed on such date, in which case the Underlying Securities Common Shares subscribed for shall be deemed to have been issued issued, and such person or persons shall be deemed to have become the holder or holders of record of the same such Common Shares, on the date on which such transfer registers are re-openedreopened.
(2b) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, within three Within five (5) Business Days after the Exercise Date of such Warrantsa Warrant as aforesaid, the Corporation Company shall cause to be mailed to the person or persons in whose name or names the Underlying Securities Common Shares so subscribed for are to be deliveredhave been issued, as specified in the Exercise Formsubscription, at the address specified in such Exercise Form, subscription or, if so specified in such Exercise Formsubscription, cause to be held delivered to such person or persons at the address for such person or persons set forth in the register maintained for pick-up at the Warrant AgencyWarrants, a certificate or certificates representing for the Underlying Securities to be issued pursuant to such Exercise Form, registered in such nameappropriate number of Common Shares so subscribed for.
Appears in 1 contract
Effect of Exercise of Warrants. (1) If the Warrants are duly exercised in accordance with sections 3.1 Section 4.1 and 3.2Section 4.2, the Underlying Securities Shares subscribed for shall be deemed to have been issued and the person Person or persons Persons to whom such Underlying Securities Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Shares on the Exercise Date unless the transfer registers for the Common Shares shall be closed on such date, in which case the Underlying Securities Shares subscribed for shall be deemed to have been issued and such person Person or persons Persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened.
(2) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 Section 4.1 and 3.2Section 4.2, within three Business Days after the Exercise Date of such Warrants, the Corporation Warrant Agent shall cause to be delivered or mailed to the person Person in whose name the Underlying Securities Shares so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person Person for pick-up at the Warrant Agency, certificates representing the Underlying Securities Shares to be issued pursuant to such Exercise Form, registered in such name.
Appears in 1 contract
Effect of Exercise of Warrants. (1a) If the Warrants are duly exercised in accordance with sections 3.1 and 3.2, the Underlying Securities subscribed for shall be deemed to have been issued and the person or persons to whom such Underlying Securities are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities on the Exercise Date unless the transfer registers for the Common Subordinate Voting Shares shall be closed on such date, in which case the Underlying Securities subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened.
(2b) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, within three five (5) Business Days after the Exercise Date of such Warrants, the Corporation shall cause to be mailed delivered to the person in whose name the Underlying Securities so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such name.
Appears in 1 contract
Sources: Warrant Indenture
Effect of Exercise of Warrants. (1a) If Upon compliance by the Warrants are duly exercised in accordance holder of any Warrant Certificate with sections 3.1 the provisions of Section 3.1, and 3.2subject to Section 3.3, the Underlying Securities subscribed for Common Shares issuable pursuant to the exercise of such Warrants shall be deemed to have been issued as fully paid and non-assessable and the person or persons to whom such Underlying Securities Common Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Common Shares on the Exercise Date unless the transfer registers for of the Common Shares Corporation shall be closed on such date, in which case the Underlying Securities Common Shares subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same such Common Shares, on the date on which such transfer registers are re-openedreopened.
(2b) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, within three Within five Business Days after the Exercise Date of such Warrantsa Warrant as set forth above, the Corporation Warrant Agent shall cause to be mailed to the person or persons in whose name or names the Underlying Securities so subscribed for are to be deliveredCommon Shares have been issued, as specified in the Exercise Formexercise form completed in connection with the exercise of the Warrants, at the address specified in such Exercise Form, exercise form or, if so specified in such Exercise Formexercise form, cause to be held for delivered to such person for pick-up or persons at the Warrant AgencyAgency where the Warrant Certificate was surrendered, a certificate or certificates representing for the Underlying Securities to be issued pursuant to such Exercise Form, registered in such nameappropriate number of Common Shares subscribed for.
Appears in 1 contract
Sources: Supplemental Warrant Indenture (Gran Tierra Energy, Inc.)
Effect of Exercise of Warrants. (1a) If Upon compliance by the Warrants are duly exercised in accordance holder of any Warrant Certificate with sections 3.1 the provisions of Section 3.1, and 3.2subject to Section 3.3, the Underlying Securities subscribed for Common Shares to be issued upon the exercise of any Warrants shall be deemed to have been issued and the person or persons to whom such Underlying Securities Common Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Common Shares on the Exercise Date Date, unless the transfer registers for register of the Common Shares Corporation shall be closed on such date, in which case the Underlying Securities subscribed for Common Shares to be issued upon the exercise of any Warrants shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same such Common Shares on the date on which such transfer registers are re-openedreopened.
(2b) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, within Within three Business Days after the Exercise Date of such Warrantsa Warrant as set forth above, the Corporation shall cause to be mailed to the person or persons in whose name or names Common Shares have been issued upon the Underlying Securities so subscribed for are to be deliveredexercise of Warrants, as specified in the Exercise Formexercise form, at the address specified in such Exercise Form, exercise form or, if so specified in such Exercise Formexercise form, cause to be held for delivered to such person for pick-up or persons at the Warrant AgencyAgency where the Warrant Certificate was surrendered, a certificate or certificates representing for the Underlying Securities to be issued pursuant to such Exercise Form, registered in such nameappropriate number of Common Shares.
Appears in 1 contract
Sources: Warrant Indenture (Champion Communication Services Inc)
Effect of Exercise of Warrants. (1) If Upon exercise of the Warrants are duly exercised in accordance with section 4.1, and subject to sections 3.1 2.2, 4.3, 4.4, and 3.25.4, the Underlying Securities subscribed for Corporation shall cause the holder thereof to be entered forthwith on its register of shareholders as the holder of the Shares and the Shares so acquired shall be deemed to have been issued issued, and the person or persons to whom such Underlying Securities those Shares are to be issued shall be deemed to have become the holder shareholder or holders shareholders of record of such Underlying Securities the Shares on the Exercise Date unless the transfer registers for register of the Common Shares Corporation shall be closed on such that date, in which case the Underlying Securities subscribed for Shares so acquired shall be deemed to have been be issued and such the person or persons shall be deemed to have become the holder shareholder or holders shareholders of record of the same Shares on the date on which such transfer registers are re-openedthe register is reopened and the Shares shall be issued on the later date.
(2) In Upon the case due exercise of the Warrants which as aforesaid, the Corporation shall, forthwith cause to be delivered to the Trustee as agent for the person or persons in whose name or names the Shares and Warrants so acquired are exercised to be issued as specified in the exercise forms attached to the Warrant Certificates, certificates for the appropriate number of Shares that the Warrantholders are entitled to pursuant to the Warrants surrendered. Upon receipt by the Trustee of such certificates the Trustee shall cause such certificates to be delivered forthwith in accordance with the provisions written delivery instructions of sections 3.1 and 3.2the holder, within three Business Days after or in the Exercise Date absence of such Warrantsinstructions, the Corporation shall cause to be mailed by registered mail without charge therefor, to the person or persons in whose name or names the Underlying Securities so subscribed for are to be delivered, as Shares have been issued at the addresses specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such nameexercise forms.
Appears in 1 contract
Sources: Warrant Indenture (Vista Gold Corp)
Effect of Exercise of Warrants. (1a) If Upon compliance by the Warrants are duly exercised in accordance holder of any Warrant Certificate with sections 3.1 the provisions of section 3.1, and 3.2subject to section 3.3, the Underlying Securities Common Shares subscribed for shall be deemed to have been issued and the person Person or persons Persons to whom such Underlying Securities Common Shares are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities Common Shares on the Exercise Date Date, unless the transfer registers for of the Common Shares Corporation shall be closed on such date, in which case the Underlying Securities Common Shares subscribed for shall be deemed to have been issued issued, and such person Person or persons Persons shall be deemed to have become the holder or holders of record of the same such Common Shares, on the date on which such transfer registers are re-openedreopened.
(2b) In Subject to receipt of the case of Warrants which are exercised Warrant Certificate and a duly completed and executed exercise form referred to in accordance with the provisions of sections section 3.1 and 3.2payment of the Exercise Price, within three Business Days after the Exercise Date of such WarrantsWarrants as set forth above, the Corporation shall cause to be mailed delivered to the person Person or Persons in whose name or names the Underlying Securities Common Shares so subscribed for are to be deliveredhave been issued, as specified in the Exercise Formsuch exercise form, at the address specified in such Exercise Form, exercise form or, if so specified in such Exercise Formexercise form, cause to be held for delivered to such person for pick-up Person or Persons at the place where the Warrant AgencyCertificate was surrendered, a share certificate or certificates representing for the Underlying Securities to be issued pursuant to such Exercise Form, registered in such nameappropriate number of Common Shares so subscribed.
Appears in 1 contract
Sources: Warrant Indenture
Effect of Exercise of Warrants. (1a) If the Warrants are duly exercised in accordance with sections 3.1 and 3.2, the Underlying Securities subscribed for shall be deemed to have been issued and the person or persons to whom such Underlying Securities are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities on the Exercise Date unless the transfer registers for the Common Shares shall be closed on such date, in which case the Underlying Securities subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened.
(2b) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2, within three (3) Business Days after the Exercise Date of such Warrants, the Corporation shall cause to be mailed delivered to the person in whose name the Underlying Securities so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such name.
Appears in 1 contract
Sources: Warrant Indenture
Effect of Exercise of Warrants. (1) If the Warrants are duly exercised in accordance with sections 3.1 and 3.2Sections 3.1, 3.2 or 3.3, as applicable, the Underlying Securities subscribed for shall be deemed to have been issued and the person Person or persons Persons to whom such Underlying Securities are to be issued shall be deemed to have become the holder or holders of record of such Underlying Securities on the Exercise Date unless the transfer registers for the Common Shares shall be closed on such date, in which case the Underlying Securities subscribed for shall be deemed to have been issued and such person or persons shall be deemed to have become the holder or holders of record of the same on the date on which such transfer registers are re-opened.
(2) In the case of Warrants which are exercised in accordance with the provisions of sections 3.1 and 3.2Sections 3.1, 3.2 or 3.3, as applicable, within three five (5) Business Days after the Exercise Date of such Warrants, the Corporation shall cause to be mailed to the person Person or Persons in whose name name(s) the Underlying Securities so subscribed for are to be delivered, as specified in the Exercise Form, at the address specified in such Exercise Form, or, if so specified in such Exercise Form, cause to be held for such person for pick-up at the Warrant Agency, certificates representing the Underlying Securities to be issued pursuant to such Exercise Form, registered in such name.
(3) The Warrants may not be exercised in the United States or by or on behalf of, or for the account or benefit of, a U.S. Person or a person in the United States unless the securities issuable upon exercise of the Warrant have been registered under the U.S. Securities Act and applicable state securities laws or an exemption from such registration requirements is available and the holder has complied with the requirements of Section 3.3.
Appears in 1 contract
Sources: Warrant Indenture