Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.17, this Agreement must be reconfirmed by a resolution passed by a majority of the votes cast by the Independent Shareholders in each case present in person or voting by proxy at a meeting of those shareholders of the Corporation who vote in respect of such reconfirmation at every third annual meeting following the meeting at which this Agreement is confirmed pursuant to Section 5.17. If the Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meeting, the Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection 5.2), prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.18.
Appears in 3 contracts
Sources: Shareholder Rights Plan Agreement (Caledonia Mining Corp), Shareholder Rights Plan Agreement (Tanzanian Royalty Exploration Corp), Shareholder Rights Plan Agreement (North American Energy Partners Inc.)
Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.17, this β This Agreement must be reconfirmed by a resolution passed by a majority of greater than 50% of the votes cast by the Independent Shareholders Unitholders in each case present in person or voting by proxy at a meeting of those shareholders unitholders of the Corporation Partnership who vote in respect of such reconfirmation at every third annual meeting following the meeting at which this Agreement is confirmed pursuant to Section 5.17or such earlier time as may be required by any applicable stock exchange or regulatory authority. If the Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meetingmeetings of holders of Units, the Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection Section 5.2), ) prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.185.17.
Appears in 3 contracts
Sources: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement
Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.17, this This Agreement must be reconfirmed by a resolution passed by a majority of greater than 50% of the votes cast by the Independent Shareholders Unitholders in each case present in person or voting by proxy at a meeting of those shareholders unitholders of the Corporation Partnership who vote in respect of such reconfirmation at every third annual meeting following the meeting at which this Agreement is confirmed pursuant to Section 5.17or such earlier time as may be required by any applicable stock exchange or regulatory authority. If the Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meetingmeetings of holders of Units, the Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection Section 5.2), ) prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.185.17.
Appears in 2 contracts
Sources: Unitholder Rights Plan Agreement, Unitholder Rights Plan Agreement
Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.175.16, this Agreement must be reconfirmed by a resolution passed by a majority of greater than 50% of the votes cast by the Independent Shareholders in each case present in person or voting by proxy at a meeting of those shareholders of the Corporation who vote in respect of such reconfirmation at every third annual meeting following the meeting at which this Agreement is confirmed pursuant to Section 5.175.16. If the Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meeting, the Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection 5.2), prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.185.17.
Appears in 2 contracts
Sources: Shareholder Agreements (Ivanhoe Mines LTD), Shareholder Rights Plan Agreement (Ivanhoe Mines LTD)
Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.17, this This Agreement must be reconfirmed by a resolution passed by a majority of greater than 50% of the votes cast by the Independent Shareholders in each case present in person or voting by proxy at a meeting of those shareholders of the Corporation who vote in respect of such reconfirmation at every third annual meeting following the meeting at which this Agreement is confirmed pursuant to Section 5.17Effective Date or such earlier time as may be required by any applicable stock exchange or regulatory authority. If the Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meetingmeetings of holders of Shares, the Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection Section 5.2), ) prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.185.17.
Appears in 1 contract
Sources: Shareholder Agreement
Reconfirmation. Notwithstanding the confirmation of this Agreement pursuant to Section 5.17, this This Agreement must be reconfirmed by a resolution passed by a majority of the votes cast by the Independent Shareholders in each case present in person or voting by proxy at a meeting all holders of those shareholders of the Corporation Voting Shares who vote in respect of such reconfirmation (other than any holder who does not qualify as an Independent Shareholder, with respect to all Voting Shares Beneficially Owned by such Person) at every third annual meeting following the initial meeting of shareholders at which this Agreement is confirmed pursuant to in accordance with Section 5.175.15. If the this Agreement is not so reconfirmed or is not presented for reconfirmation at such annual meeting, the this Agreement and all outstanding Rights shall terminate and be void and of no further force and effect on and from the date of termination of the annual meeting; provided that termination shall not occur if a Flip-in Event has occurred (other than a Flip-in Event which has been waived pursuant to Subsection 5.2), Section 5.1 prior to the date upon which this Agreement would otherwise terminate pursuant to this Section 5.185.16.
Appears in 1 contract
Sources: Shareholder Rights Plan Agreement