Exercise Notice. If the Investor wishes to exercise the Participation Right, the Investor shall give written notice to the Corporation (the “Exercise Notice”) of its intention to exercise such right and of the number of Offered Securities the Investor wishes to purchase, and shall subscribe to the Offering within: (a) if an Advanced Offering Notice was provided prior to the Offering Notice in accordance with Section 3.2, three (3) Business Days of an Offering Notice, or (b) if an Advanced Offering Notice was not provided prior to the Offering Notice, twenty (20) Business Days after the date of receipt of an Offering Notice (in each case, the “Notice Period”), failing which the Investor shall not be entitled to exercise the Participation Right in respect of such Offering or Issuance. The Corporation must complete the Offering within thirty (30) days of the expiry of the Notice Period; provided that the completion of such Offering is upon the same terms and conditions as those set out in the Offering Notice provided to the Investor by the Corporation and provided further that following expiry of such thirty (30) day period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation Right.
Appears in 4 contracts
Sources: Investor Rights Agreement (Lithium Americas Corp.), Investor Rights Agreement (Lithium Americas Corp.), Investment Agreement (Lithium Americas Corp.)
Exercise Notice. If the Investor wishes to exercise the Participation Right, the Investor shall give written notice to the Corporation (the “"Exercise Notice”") of its intention to exercise such right and of the number of Offered Securities the Investor wishes to purchase, and shall subscribe to the Offering within:
(a) if an Advanced Offering Notice was provided prior to the Offering Notice in accordance with Section 3.2, three (3) Business Days of an Offering Notice, or
(b) if an Advanced Offering Notice was not provided prior to the Offering Notice, twenty (20) Business Days after the date of receipt of an Offering Notice (in each case, the “"Notice Period”"), failing which the Investor shall not be entitled to exercise the Participation Right in respect of such Offering or Issuance. The Corporation must complete the Offering within thirty (30) days of the expiry of the Notice Period; provided that the completion of such Offering is upon the same terms and conditions as those set out in the Offering Notice provided to the Investor by the Corporation and provided further that following expiry of such thirty (30) day period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation Right.
Appears in 3 contracts
Sources: Master Purchase Agreement (1397468 B.C. Ltd.), Investor Rights Agreement (1397468 B.C. Ltd.), Investor Rights Agreement (Lithium Americas Corp.)
Exercise Notice. If the Investor wishes to exercise the Participation Right, the Investor shall give written notice to the Corporation (the “Exercise Notice”) of its intention to exercise such right and of the number of Offered Securities the Investor wishes to purchase, and shall subscribe to the Offering within:
(a) if an Advanced Offering Notice was provided prior to the Offering Notice in accordance with Section 3.2, three (3) Business Days of an Offering Notice, or
(b) if an Advanced Offering Notice was not provided prior to the Offering Notice, twenty (20) within five Business Days after the date of receipt of an Offering Notice, or in the case of a public offering that is a “bought deal”, within three Business Days of receipt of an Offering Notice (in each case, the “Notice Period”), failing which the Investor shall will not be entitled to exercise the Participation Right in respect of such Offering or Issuance. The If the Investor elects, or is deemed to have elected, not to exercise its Participation Right in respect of an Offering or Issuance, then the Corporation must may complete the Offering without participation of the Investor within thirty ninety (3090) days Business Days of the expiry of the Notice Period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation Right; provided that the completion of such Offering is upon the same terms and conditions as those set out in the Offering Notice provided to the Investor by the Corporation and provided further that following expiry of such thirty (30) day period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation RightCorporation.
Appears in 2 contracts
Sources: Investment Agreement (Lithium Americas Corp.), Investment Agreement (Lithium Americas Corp.)
Exercise Notice. If the Investor wishes to exercise the Participation Right, the Investor shall give written notice to the Corporation (the “Exercise Notice”) of its intention to exercise such right and of the number of Offered Securities the Investor wishes to purchase, and shall subscribe to the Offering within:
(a) if an Advanced Offering Notice was provided prior to the Offering Notice in accordance with Section 3.2, three (3) Business Days of an Offering Notice, or
(b) if an Advanced Offering Notice was not provided prior to the Offering Notice, twenty (20) within five Business Days after the date of receipt of an Offering Notice, or in the case of a public offering that is a “bought deal”, within three Business Days of receipt of an Offering Notice (in each case, the “Notice Period”), failing which the Investor shall not be entitled to exercise the Participation Right in respect of such Offering or Issuance. The If the Investor elects, or is deemed to have elected, not to exercise its Participation Right in respect of an Offering or Issuance, then the Corporation must may complete the Offering without participation of the Investor within thirty ninety (3090) days Business Days of the expiry of the Notice Period; provided that the completion of such Offering is upon the same terms and conditions as those set out in the Offering Notice provided to the Investor by the Corporation and provided further that following expiry of such thirty ninety (3090) day Business Day period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation Right.
Appears in 2 contracts
Sources: Investor Rights Agreement (Lithium Americas Corp.), Investor Rights Agreement (Lithium Americas Corp.)
Exercise Notice. If the Investor wishes to exercise the Participation Right, the Investor shall give written notice to the Corporation (the “Exercise Notice”) of its intention to exercise such right and of the number of Offered Securities the Investor wishes to purchase, and shall subscribe to the Offering within:
(a) if an Advanced Offering Notice was provided prior to the Offering Notice in accordance with Section 3.2, three two (32) Business Days of an Offering Notice, or
(b) if an Advanced Offering Notice was not provided prior to the Offering Notice, twenty seven (207) Business Days after the date of receipt of an Offering Notice (in each case, the “Notice Period”), failing which the Investor shall not be entitled to exercise the Participation Right in respect of such Offering or Issuance. The Corporation must complete the Offering within thirty seventy-five (3075) days of the expiry of the Notice Period; provided that the completion of such Offering is upon the same terms and conditions as those set out in the Offering Notice provided to the Investor by the Corporation and provided further that following expiry of such thirty seventy-five (3075) day period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation Right.
Appears in 1 contract
Sources: Subscription Agreement (Nouveau Monde Graphite Inc.)
Exercise Notice. If the Investor wishes to exercise the Participation Right, the Investor shall give written notice to the Corporation (the “Exercise Notice”) of its intention to exercise such right and of the number of Offered Securities the Investor wishes to purchase, and shall subscribe to the Offering within:
within five (a) if an Advanced Offering Notice was provided prior to the Offering Notice in accordance with Section 3.2, three (3) Business Days of an Offering Notice, or
(b) if an Advanced Offering Notice was not provided prior to the Offering Notice, twenty (205) Business Days after the date of receipt of an Offering Notice, or in the case of a public offering that is a Bought Deal, within two (2) Business Days of receipt of an Offering Notice (in each case, the “Notice Period”), failing which the Investor shall will not be entitled to exercise the Participation Right in respect of such Offering Offering, or Issuance. The If the Investor elects, or is deemed to have elected, not to exercise its Participation Right in respect of an Offering, or Issuance, then the Corporation must may complete the Offering within thirty (30) days without participation of the expiry of the Notice PeriodInvestor; provided that the completion of such Offering is be upon the same terms and conditions as those set out in the Offering Notice provided to the Investor by the Corporation and provided further that following if the Corporation has not completed the Offering within 90 Business Days of the expiry of such thirty (30) day periodthe Notice Period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation RightRight in respect of such Offering.
Appears in 1 contract
Sources: Subscription Agreement
Exercise Notice. If the Investor wishes to exercise the Participation Right, the Investor shall give written notice to the Corporation (the “Exercise Notice”) of its intention to exercise such right and of the number of Offered Securities the Investor wishes to purchase, and shall subscribe to the Offering within:
(a) if an Advanced Offering Notice was provided prior to the Offering Notice in accordance with Section 3.2, three (3) Business Days of an Offering Notice, or
(b) if an Advanced Offering Notice was not provided prior to the Offering Notice, twenty (20) within five Business Days after the date of receipt of an Offering Notice, or in the case of a public offering that is a “bought deal”, within three Business Days of receipt of an Offering Notice (in each case, the “Notice Period”), failing which the Investor shall will not be entitled to exercise the Participation Right in respect of such Offering or Issuance. The If the Investor elects, or is deemed to have elected, not to exercise its Participation Right in respect of an Offering or Issuance, then the Corporation must may complete the Offering without participation of the Investor within thirty ninety (3090) days Business Days of the expiry of the Notice Period; provided that the completion of such Offering is upon the same terms and conditions as those set out in the Offering Notice provided to the Investor by the Corporation and provided further that following expiry of such thirty the ninety (3090) day Business Day period, the Corporation shall not thereafter proceed with such Offering without providing the Investor with another opportunity to exercise its Participation Right.
Appears in 1 contract