Permitted Transfers Within Escrow. Notwithstanding subsection 8(a), the Escrow Shares may be transferred within escrow to: (i) any entity into or with which the registered holder of any of the Escrow Shares may be merged or consolidated or amalgamated, or any entity resulting therefrom, with evidence of such merger, consolidation or amalgamation having been provided to the Escrow Agent in a form acceptable to the Escrow Agent; (ii) any entity designated by a final order, decree or judgment of a court or arbitrator of competent jurisdiction, the time for perfection of an appeal of such order, decree or judgment having expired provided such order, decree or judgment authorizes and directs the Escrow Agent to effect such transfer; or, (iii) a trustee in bankruptcy or another person or company entitled to the Escrow Shares on bankruptcy provided that prior to the transfer, the Escrow Agent shall have received a certified copy of: (w) the assignment in bankruptcy filed with the Superintendent of Bankruptcy; (x) the receiving order adjudging the registered holder of the Escrow Shares bankrupt; or, (y) a certificate of appointment of the trustee in bankruptcy; and, (z) a transfer power of attorney, ▇▇▇▇ completed and executed by the transferor or its/their legal representative in accordance with the requirements of the transfer agent of the Purchaser of the Escrow Shares.
Appears in 2 contracts
Sources: Escrow Agreement, Escrow Agreement
Permitted Transfers Within Escrow. Notwithstanding subsection 8(a), the Escrow Shares may be transferred within escrow to:
(i) any entity into or with which the registered holder of any of the Escrow Shares may be merged or consolidated or amalgamated, or any entity resulting therefrom, with evidence of such merger, consolidation or amalgamation having been provided to the Escrow Agent in a form acceptable to the Escrow Agent;
(ii) any entity designated by a final order, decree or judgment of a court or arbitrator of competent jurisdiction, the time for perfection of an appeal of such order, decree or judgment having expired provided such order, decree or judgment authorizes and directs the Escrow Agent to effect such transfer; or,
(iii) a trustee in bankruptcy or another person or company entitled to the Escrow Shares on bankruptcy provided that prior to the transfer, the Escrow Agent shall have received a certified copy of:
(w) the assignment in bankruptcy filed with the Superintendent of Bankruptcy;
(x) the receiving order adjudging the registered holder of the Escrow Shares bankrupt; or,
(y) a certificate of appointment of the trustee in bankruptcy; and,
(z) a transfer power of attorney, ▇▇▇▇ duly completed and executed by the transferor or its/their legal representative in accordance with the requirements of the transfer agent of the Purchaser of the Escrow Shares.
Appears in 1 contract
Sources: Escrow Agreement