Common use of PREPARATION OF DOCUMENTS Clause in Contracts

PREPARATION OF DOCUMENTS. (a) The Acquiror and Offeror shall prepare the Circular and the related letter(s) of transmittal and notice(s) of guaranteed delivery (collectively, the “Offer Documents”) with respect to the Offer in compliance with the Securities Act (Ontario) (the “OSA”) and all other applicable Laws in form and substance acceptable to the Shareholder and KS, acting reasonably. (b) The Shareholder and KS shall have the right to review in advance, and consent (acting reasonably) to the inclusion of, the information solely relating to the Shareholder and any of its Subsidiaries or KS, as the case may be, to be included in the Offer Documents or that will otherwise appear in any filing made by Acquiror or Offeror with, or written materials submitted by Acquiror or Offeror to, any third party and/or any Governmental Entity in connection with the Offer. If the Shareholder and KS do not promptly provide such consent as requested by Offeror or Acquiror (acting reasonably), each day that such consent is not provided shall extend the date set forth in section 2.A by which Acquiror shall cause Offeror to make the Offer by a day. The Acquiror and Offeror shall provide each of the Shareholder and KS with a final copy of the Offer Documents prior to the mailing thereof. The Shareholder and KS shall use their reasonable best efforts to ensure that the Corporation furnishes such shareholder lists and mailing information as the Acquiror or Offeror, acting reasonably, may request in order to communicate the Offer to shareholders and optionholders of the Corporation. (c) The Acquiror, the Shareholder and KS each agrees, as to itself and its Subsidiaries, if any, and himself, that none of the information supplied or to be supplied by or on behalf of it or its Subsidiaries or him for inclusion or incorporation by reference in the Offer Documents will contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The Acquiror agrees to cause the Offer Documents to comply as to form in all material respects with the applicable securities Laws.

PREPARATION OF DOCUMENTS. (a) The Acquiror and Offeror shall prepare the Circular and the related letter(s) of transmittal and notice(s) of guaranteed delivery (collectively, the “Offer Documents”"OFFER DOCUMENTS") with respect to the Offer in compliance with the Securities Act (Ontario) (the “"OSA”") and all other applicable Laws in form and substance acceptable to the Shareholder and KS, acting reasonably. (b) The Shareholder and KS shall have the right to review in advance, and consent (acting reasonably) to the inclusion of, the information solely relating to the Shareholder and any of its Subsidiaries or KS, as the case may be, to be included in the Offer Documents or that will otherwise appear in any filing made by Acquiror or Offeror with, or written materials submitted by Acquiror or Offeror to, any third party and/or any Governmental Entity in connection with the Offer. If the Shareholder and KS do not promptly provide such consent as requested by Offeror or Acquiror (acting reasonably), each day that such consent is not provided shall extend the date set forth in section 2.A by which Acquiror shall cause Offeror to make the Offer by a day. The Acquiror and Offeror shall provide each of the Shareholder and KS with a final copy of the Offer Documents prior to the mailing thereof. The Shareholder and KS shall use their reasonable best efforts to ensure that the Corporation furnishes such shareholder lists and mailing information as the Acquiror or Offeror, acting reasonably, may request in order to communicate the Offer to shareholders and optionholders of the Corporation. (c) The Acquiror, the Shareholder and KS each agrees, as to itself and its Subsidiaries, if any, and himself, that none of the information supplied or to be supplied by or on behalf of it or its Subsidiaries or him for inclusion or incorporation by reference in the Offer Documents will contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The Acquiror agrees to cause the Offer Documents to comply as to form in all material respects with the applicable securities Laws.