Redemption and Waiver. (a) Until the occurrence of a Flip-in Event as to which the application of Section 4.1 has not been waived pursuant to this Section 6.1, the Board of Directors may, with the prior consent of the holders of Voting Shares or the holders of Rights given in accordance with Section 6.1(i) or 6.1(j), as the case may be, elect to redeem all but not less than all of the then outstanding Rights at a redemption price of $0.001 per Right, appropriately adjusted in a manner analogous to the applicable adjustment provided for in Section 3.2, if an event of the type analogous to any of the events described in Section 3.2 shall have occurred (such redemption price being herein referred to as the "Redemption Price"). (b) Until the occurrence of a Flip-in Event as to which the application of Section 4.1 has not been waived pursuant to this Section 6.1, upon written notice to the Rights Agent, the Board of Directors may, with the prior consent of the holders of Voting Shares given in accordance with Section 6.1(i), determine, if such Flip-in Event would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of record of Voting Shares and otherwise than in the circumstances set forth in Section 6.1(d), to waive the application of Section 4.1 to such Flip-in Event. In the event that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than 10 Business Days following the meeting of shareholders called to approve such waiver.
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Sources: Shareholder Rights Plan Agreement
Redemption and Waiver.
(a) Until The Board of Directors acting in good faith may, until the occurrence of a Flip-In Event upon prior written notice delivered to the Rights Agent, determine to waive the application of Section 3.1 to any Flip- In Event, provided that if the Board of Directors waives the application of Section
3.1 to a particular Flip-In Event occurring by reason of any Take-Over Bid which is made by means of a Take-Over Bid circular to all holders of record of Voting Shares, the Board of Directors will be deemed to have waived the application of Section 3.1 to any other Flip-In Event occurring by reason of any other Take-Over Bid which is made by means of a Take-Over Bid circular to all holders of shares prior to the expiry of any Take-Over Bid, as the same may be extended from time to time, in respect of which a waiver is, or is deemed to have been, granted under this Subsection 5.1(a).
(b) Subject to the prior consent of the holders of the Voting Shares or the rights obtained as set forth in Subsection 5.4(b) or (c), as applicable, the Board of Directors of the Corporation may, at its option, at any time prior to the provisions of Section 3.1 becoming applicable as a result of the occurrence of a Flip-in Event as to which the application of Section 4.1 has not been waived pursuant to this Section 6.1, the Board of Directors may, with the prior consent of the holders of Voting Shares or the holders of Rights given in accordance with Section 6.1(i) or 6.1(j), as the case may beEvent, elect to redeem all but not less than all of the then outstanding Rights at a redemption price of $0.001 per Right, Right appropriately adjusted in a manner analogous to the applicable adjustment provided for in Section 3.2, 2.3 if an event of the type analogous to any of the events described in Section 3.2 2.3 shall have occurred (such redemption price being herein referred to as the "Redemption Price").
(b) Until the occurrence of a Flip-in Event as to which the application of Section 4.1 has not been waived pursuant to this Section 6.1, upon written notice to the Rights Agent, the Board of Directors may, with the prior consent of the holders of Voting Shares given in accordance with Section 6.1(iPrice"), determine, if such Flip-in Event would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of record of Voting Shares and otherwise than in the circumstances set forth in Section 6.1(d), to waive the application of Section 4.1 to such Flip-in Event. In the event that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than 10 Business Days following the meeting of shareholders called to approve such waiver..
Appears in 1 contract
Redemption and Waiver.
(a) Until the occurrence of a Flip-in Event as to which the application of Section 4.1 has not been waived pursuant to this Section 6.1, the Board of Directors may, with the prior consent of the holders of Voting Shares or the holders of Rights given in accordance with Section 6.1(i) or 6.1(j(j), as the case may be, elect to redeem all but not less than all of the then outstanding Rights at a redemption price of $0.001 0.00001 per Right, appropriately adjusted in a manner analogous to the applicable adjustment provided for in Section 3.2, if an event of the type analogous to any of the events described in Section 3.2 shall have occurred (such redemption price being herein referred to as the "Redemption Price").Price").
(b) Until the occurrence of a Flip-in Event as to which the application of Section 4.1 has not been waived pursuant to this Section 6.1, upon written notice to the Rights Agent, the Board of Directors may, with the prior consent of the holders of Voting Shares given in accordance with Section 6.1(i), determine, if such Flip-in Event would occur by reason of an acquisition of Voting Shares otherwise than pursuant to a Take-over Bid made by means of a take-over bid circular to all holders of record of Voting Shares and otherwise than in the circumstances set forth in Section 6.1(d), to waive the application of Section 4.1 to such Flip-in Event. In the event that the Board of Directors proposes such a waiver, the Board of Directors shall extend the Separation Time to a date subsequent to and not more than 10 ten Business Days following the meeting of shareholders called to approve such waiver.waiver.
Appears in 1 contract
Sources: Shareholder Rights Plan Agreement (Mag Silver Corp)