Rights of Rescission Sample Clauses
Rights of Rescission. Should a Holder of Warrants exercise any legal, statutory, contractual or other right of withdrawal or rescission that may be available to it, and the Holder’s funds which were paid on exercise have already been released to the Corporation by the Warrant Agent, the Warrant Agent shall not be responsible for ensuring the exercise is cancelled and a refund is paid back to the Holder. In such cases, the Holder shall seek a refund directly from the Corporation and subsequently, the Corporation shall instruct the Warrant Agent in writing, to cancel the exercise transaction and any Shares on the register, which may have already been issued upon the Warrant exercise. In the event that any payment is received from the Corporation by virtue of the Holder being a shareholder for such Warrants that were subsequently rescinded, such payment must be returned to the Corporation by such Holder. The Warrant Agent shall not be under any duty or obligation to take any steps to ensure or enforce that the funds are returned pursuant to this Section 13.2, nor shall the Warrant Agent be in any other way responsible in the event that any payment is not delivered or received pursuant to this Section 13.2. Notwithstanding the foregoing, in the event that the Corporation provides the refund to the Warrant Agent for distribution to the Holder, the Warrant Agent shall return such funds to the Holder as soon as reasonably practicable, and in so doing, the Warrant Agent shall incur no liability with respect to the delivery or non-delivery of any such funds.
Rights of Rescission. We will only accept requests to rescind the purchase if it does not exceed the sum of $50,000 and if you give us notice in writing within 48 hours of your receipt of the confirmation for a lump sum purchase. The trade confirmation will be deemed conclusively to have been received in the ordinary mail by you within five (5) days of the date it is mailed.
Rights of Rescission. We will only accept requests to rescind the purchase if it does not exceed the sum of $50,000 and if you
Rights of Rescission. Should a holder of Warrants exercise any legal, statutory, contractual or other right of withdrawal or rescission that may be available to it, and the holder’s funds which were paid on exercise have already been released to the Issuer by the Warrant Agent, the Warrant Agent shall not be responsible for ensuring the exercise is cancelled and a refund is paid back to the holder. In such cases, the holder shall seek a refund directly from the Company and subsequently, the Company shall instruct the Warrant Agent in writing, to cancel the exercise transaction and any underlying shares on the register, which may have already been issued upon the Warrant exercise.
Rights of Rescission. At any time, for any or no reason, within fifteen days of the completion of the audit of the Company's financial statements, the Consultant may terminate this Agreement by returning all funds (except for such funds which may have been expended in the performance of due diligence), options, share certificates and documents without any recourse or penalties from the Client.
Rights of Rescission. (a) If the prospectus dated May 31, 2011 filed by the Corporation in each of the provinces and territories of Canada to qualify the distribution of the Debentures (the “Prospectus”) contains a misrepresentation (as such term is defined in the Securities Act (Ontario)) and it was a misrepresentation on the date hereof, a purchaser of the Debentures to whom the Prospectus was sent or delivered and who was the original purchaser of the Debentures (collectively, the “Original Purchasers”) shall have a right of action against the Corporation for rescission to receive the subscription price for each Debenture for which such purchaser subscribed exercisable on notice given to the Corporation not more than 180 days subsequent to the date hereof (the “Rescission Period”). The right of action for rescission is only available to an Original Purchaser either while he is a holder of the Debentures purchased or while he is a holder of the Common Shares issued upon conversion of such Debentures during the Rescission Period.
(b) In no event shall the Corporation be liable under this Section 18.4 if the Original Purchaser purchased the Debentures with knowledge of the misrepresentation.
Rights of Rescission. (a) This agreement may be rescinded under the following conditions:
(i) By Buyer, provided notice of Buyer's election to rescind and the reason therefor is given to Seller prior to December 1, 1995, if the Internal Revenue Service fails or refuses to issue a private letter ruling holding that (A) Seller has not retained an economic interest in the Interests and has transferred all of Seller's economic interest in the Interests to Buyer, (B) the Production Payment is properly characterized for income tax purposes as a purchase money mortgage loan, and (C) any credit for producing fuel from a nonconventional source, pursuant to Section 29 of the Code, attributable to production from the Interests after the sale of the Interests to Buyer is properly allocable to Buyer; and
(ii) By Seller, provided notice of Seller's election to rescind and the reason therefor is given to Buyer prior to December 1, 1995, if the Internal Revenue Service fails or refuses to issue a private letter ruling holding that recognition of gain by Seller upon reacquisition of the Interests by exercise of the Repurchase Option granted in Section 6.5 hereof is determined pursuant to Section 1038 of the Code.
(b) If a condition for rescission exists and proper notice of rescission is given, the parties shall, prior to December 15, 1995, restore themselves to the relative positions each would have occupied had this agreement never been made, including without limitation (A) reconveyance by Buyer of the Interests to Seller, (B) payment by Seller to Buyer of an amount equal to all amounts paid by Buyer under this agreement and any agreement made pursuant hereto, and (C) payment by Buyer to Seller of an amount equal to all amounts received by Buyer under this agreement and any agreement made pursuant hereto. If rescission is properly elected, the failure of any party to take all steps necessary for a complete rescission prior to January 1, 1996, shall be a breach of this agreement and, in addition to other damages and remedies to which the aggrieved party may be entitled, the indemnity in Section 11.3 hereof shall apply to any third party claims arising from the breach.
(c) Seller agrees that it shall cause there to be issued to Buyer at closing, and that it shall cause there to be maintained in force a Letter of Credit in the form of that attached hereto as Exhibit E. Buyer shall notify the issuer of the Letter of Credit to terminate it upon the receipt by Buyer of (i) the private letter rulin...
Rights of Rescission. Any right of rescission conferred upon any Party hereby shall be in addition to and without prejudice to all other rights and remedies available to it and no exercise or failure to exercise such a right of rescission shall constitute a waiver by such Party of any such other right or remedy. Completion shall not constitute a waiver by any Party of any breach of any provision of this Agreement whether or not known to such Party at the date of Completion.
Rights of Rescission. 3.01 Subscribers residing in Canada shall have the rights of rescission and action described in the Offering Memorandum issued by the Company with respect to its offering of the Shares, and the various rights of rescission and action granted by the securities laws of the Province in which they reside, and the provisions thereof are deemed to be included in this Agreement as though they were set out in full herein.
3.02 All of the rights referred to in Clause 4.01 are in addition to, and not in derogation from the rights of the Subscriber pursuant to the common law.
Rights of Rescission. In the event that a holder of a Special Warrant who acquires Common Shares and Purchase Warrants upon the exercise of the Special Warrant, is or becomes entitled under applicable securities legislation to the remedy of rescission by reason of a misrepresentation in the prospectus filed in connection with the qualification of the Common Shares and Purchase Warrants to be issued on exercise of the Special Warrants or any amendment thereto, such holder shall, subject to available defenses and any limitation period under applicable securities legislation, be entitled to rescission not only of the holder's exercise of its Special Warrant(s) but also of the private placement transaction pursuant to which the Special Warrant was initially acquired, and shall be entitled in connection with such rescission to a full refund from the Corporation of all consideration paid on the acquisition of the Special Warrant. In the event such holder is a permitted assignee of the interest of the original Special Warrant Subscriber, such permitted assignee shall be entitled to exercise the rights of rescission and refund granted hereunder as if such permitted assignee was such original Subscriber. The foregoing is in addition to any other right or remedy available to a holder of the Special Warrant under the Applicable Legislation or otherwise at law.