Common use of Prohibition on Exercise by U Clause in Contracts

Prohibition on Exercise by U. S. Persons; Exception (1) Subject to subsection 3.7(2), (i) Warrants may not be exercised within the United States or by or on behalf of any U.S. Person; and (ii) no Common Shares issued upon exercise of Warrants may be delivered to any address in the United States. The Warrant Agent shall be entitled to rely upon the registered address of the Warrantholder as set forth in such Warrantholder's subscription agreement for the purchase of Subscription Receipts in determining whether the address is in the United States or the Warrantholder is a U.S. Person. (2) Notwithstanding subsection 3.7(1), prior to the Registration Date (i) Warrants which bear the legend set forth in subsection 2.20(2) may be exercised in the United States or by or on behalf of a U.S. Person; and (ii) Common Shares issued upon exercise of any such Warrants may be delivered to an address in the United States and such Common Shares or new Warrants, if less than the entire amount of the Warrants held is exercised, are appropriately legended in accordance with the legend set forth in subsection 2.20(2).

Prohibition on Exercise by U. S. Persons; Exception (1) Subject to subsection 3.7(2), (i) Warrants may not be exercised within the United States or by or on behalf of any U.S. Person; and (ii) no Common Shares issued upon exercise of Warrants may be delivered to any address in the United States. The Warrant Agent shall be entitled to rely upon the registered address of the Warrantholder as set forth in such Warrantholder's subscription agreement for the purchase of Subscription Receipts Special Warrants in determining whether the address is in the United States or the Warrantholder is a U.S. Person. (2) Notwithstanding subsection 3.7(1), prior to the Registration Date (i) Warrants which bear the legend set forth in subsection 2.20(22.20(1) may be exercised in the United States or by or on behalf of a U.S. Person; and (ii) Common Shares issued upon exercise of any such Warrants may be delivered to an address in the United States States, provided that the person exercising the Warrants signs and delivers to the Warrant Agent a letter substantially in the form attached as Schedule "B" hereto and such Common Shares or new Warrants, if less than the entire amount of the Warrants held is exercised, are appropriately legended in accordance with the legend set forth in subsection 2.20(22.20(1).