Common use of Release of Escrow Securities to Depositary Clause in Contracts

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to the Escrow Agent prior to 10:00 a.m. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that (i) the terms and conditions of the business combination have been met or waived; and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application under the applicable Exchange Policy of the intent to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to the Escrow Agent prior to 10:00 a.m. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that (i) the terms and conditions of the business combination have been met or waived; and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to the Escrow Agent prior to 10:00 a.m. 10:00 a. m. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that (i) the terms and conditions of the business combination have been met or waived; and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to the Escrow Agent prior to 10:00 a.m. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that (i) the terms and conditions of the business combination have been met or waived; and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.. FORM 5D ESCROW AGREEMENT Page 12

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application under the applicable Exchange Policy of the intent to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to the Escrow Agent prior to 10:00 a.m. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that (i) the terms and conditions of the business combination have been met or waived; and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.. (as at June 14, 2010)

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to the Escrow Agent prior to 10:00 a.m. am. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that (i) the terms and conditions of the business combination have been met or waived; and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to provides the Escrow Agent with written notice that it does not object to the release prior to 10:00 a.m. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that (i) that the terms and conditions of the business combination have been met or waived; and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.

Release of Escrow Securities to Depositary. (1) The Escrow Agent will release from escrow the tendered escrow securities provided that: (a) you or the Issuer make application to release the tendered securities under the Policy on a date at least 10 business days and not more than 30 business days prior to the date of the proposed release date; and (b) the Exchange does not provide notice of its objection to the Escrow Agent prior to 10:00 a.m. (Vancouver time) or 11:00 a.m. (Calgary time) on such specified date; (c) the Escrow Agent receives a declaration signed by the depositary or, if the direction identifies the depositary as acting on behalf of another person or company in respect of the business combination, by that other person or company, that that (i) the terms and conditions of the business combination have been met or waived; and and (ii) the escrow securities have either been taken up and paid for or are subject to an unconditional obligation to be taken up and paid for under the business combination.