Common use of Satisfaction and Discharge of Agreement Clause in Contracts

Satisfaction and Discharge of Agreement. Upon the earliest of: (a) the date by which there shall have been delivered to the Subscription Receipt Agent for surrender or cancellation all Subscription Receipt Certificates theretofore certified hereunder; (b) the issue of certificates or Book-Entry Only System customer confirmations representing Trust Units and payment of all monies required to all registered holders of Subscription Receipts as provided in Subsections 3.3(c) and (d); or (c) the payment of all monies required where the Acquisition is terminated or the Acquisition Time does not occur by the Deadline as provided in Subsections 3.5(c) and (d), this Agreement shall cease to be of further effect and the Subscription Receipt Agent, on demand of and at the cost and expense of the Trust and upon delivery to the Subscription Receipt Agent of a certificate of the Trust stating that all conditions precedent to the satisfaction and discharge of this Agreement have been complied with, shall execute proper instruments acknowledging satisfaction of and discharging this Agreement. Notwithstanding the foregoing, the indemnities and limitations of liability provided to the Subscription Receipt Agent by the Trust hereunder shall remain in full force and effect and survive the termination of this Agreement.

Satisfaction and Discharge of Agreement. Upon the earliest of: (a) the date by which there shall have been delivered to the Subscription Receipt Agent for surrender issuance of one or cancellation all Subscription Receipt Certificates theretofore certified hereunder; (b) the issue of more certificates or Book-Entry Only System customer confirmations confirmation(s) representing Trust Units and Underlying Common Shares for the account of Receiptholders, the payment of all monies required to be paid to all registered holders of Subscription Receipts Receiptholders as provided in Subsections 3.3(c) Section 3.4, the payment of monies if any required to be paid to the Corporation pursuant to Section 3.2 and (d)the payment of monies required to be paid to the Lead Underwriter pursuant to Section 3.6; or (cb) the payment of all monies required where the Acquisition is terminated or the Acquisition Time does not occur by the Deadline a Termination Event occurs as provided in Subsections 3.5(c) and (d), Section 3.8; this Agreement shall cease to be of further effect and the Subscription Receipt Agent, on demand of and at the cost and expense of the Trust Corporation and upon delivery to the Subscription Receipt Agent of a certificate of the Trust Corporation stating that all conditions precedent to the satisfaction and discharge of this Agreement have been complied with, shall execute proper instruments acknowledging satisfaction of and discharging this Agreement. Notwithstanding the foregoing, the indemnities and limitations of liability provided to the Subscription Receipt Agent by the Trust Corporation hereunder shall remain in full force and effect and survive the termination of this Agreement.

Satisfaction and Discharge of Agreement. Upon the earliest of: date by which: (a) the date by which there shall all Subscription Receipts have been deemed exercised, or all Subscription Receipts have expired and all Escrowed Funds have been distributed to the appropriate parties as set forth in this Agreement; or (b) all certificates or DRS advices representing Common Shares required to be issued in compliance with the provisions hereof have been issued and delivered hereunder or to the Subscription Receipt Agent for surrender in accordance with such provisions (or cancellation all Subscription Receipt Certificates theretofore certified hereunder; (b) the issue entering of certificates or Book-Entry Only System customer confirmations confirmation(s) representing Trust Units and payment of all monies required to all registered holders of Subscription Receipts as provided in Subsections 3.3(cCommon Shares) and (d); or (c) all Escrowed Funds have been distributed to the payment of all monies required where the Acquisition is terminated or the Acquisition Time does not occur by the Deadline appropriate parties as provided set forth in Subsections 3.5(c) and (d)this Agreement, this Agreement shall cease to be of further any force and effect and the Subscription Receipt Agent, on demand of the Corporation and at the cost and expense of the Trust Corporation and upon delivery to the Subscription Receipt Agent of a certificate of the Trust Corporation stating that all conditions precedent to the satisfaction and discharge of this Agreement have been complied with, shall execute proper instruments acknowledging satisfaction of and discharging this Agreement. Notwithstanding the foregoing, the indemnities and limitations of liability provided to the Subscription Receipt Agent by the Trust Corporation hereunder shall remain in full force and effect and survive the termination of this Agreement.

Satisfaction and Discharge of Agreement. Upon the earliest of: (a) the date by which there shall (a) all Subscription Receipts have been deemed exercised, or all Subscription Receipts have expired and all Escrowed Funds have been distributed to the appropriate parties as set forth in this Agreement; or (b) all certificates have been issued and delivered hereunder to the Subscription Receipt Agent for surrender in accordance with such provisions (or cancellation all Subscription Receipt Certificates theretofore certified hereunder; (b) the issue entering of certificates or Book-Entry Only System customer confirmations confirmation(s) representing Trust Units and payment of all monies required to all registered holders of Subscription Receipts as provided in Subsections 3.3(cUnderlying Shares) and (d); or (c) all Escrowed Funds have been distributed to the payment of all monies required where the Acquisition is terminated or the Acquisition Time does not occur by the Deadline appropriate parties as provided set forth in Subsections 3.5(c) and (d)this Agreement, this Agreement shall cease to be of further any force and effect and the Subscription Receipt Agent, on demand of the Company and at the cost and expense of the Trust Company and upon delivery to the Subscription Receipt Agent of a certificate of the Trust Company stating that all conditions precedent to the satisfaction and discharge of this Agreement have been complied with, shall execute proper instruments acknowledging satisfaction of and discharging this Agreement. Notwithstanding the foregoing, the indemnities and limitations of liability provided to the Subscription Receipt Agent by the Trust Company hereunder shall remain in full force and effect and survive the termination of this Agreement.

Satisfaction and Discharge of Agreement. Upon the earliest of: (a) the date by which there shall have been delivered entering of a Book-Based System customer confirmation or the issuance of a definitive share certificate in respect of Underlying Common Shares, as the case may be, in a CDS account or to the registered holder thereof, as the case may be, for holders of Subscription Receipt Agent for surrender or cancellation all Subscription Receipt Certificates theretofore certified hereunder; (b) the issue of certificates or Book-Entry Only System customer confirmations representing Trust Units Receipts and payment of all monies required to be paid to all registered holders of Subscription Receipts as provided in Subsections 3.3(cSection 3.4(a) and (d)the payment of monies if any required to be paid to the Corporation pursuant to Section 3.2; or (cb) the payment of all monies required where the Acquisition is terminated or the Acquisition Time does not occur by the Deadline a Termination Event occurs as provided in Subsections 3.5(c) and (dSection 3.6(b), ; this Agreement shall cease to be of further effect and the Subscription Receipt Agent, on demand of and at the cost and expense of the Trust Corporation and upon delivery to the Subscription Receipt Agent of a certificate of the Trust Corporation stating that all conditions precedent to the satisfaction and discharge of this Agreement have been complied with, shall execute proper instruments acknowledging satisfaction of and discharging this Agreement. Notwithstanding the foregoing, the indemnities and limitations of liability provided hereunder to the Subscription Receipt Agent by the Trust hereunder Corporation shall remain in full force and effect and survive the termination of this Agreement.

Satisfaction and Discharge of Agreement. Upon the earliest of: (a) the date by which there shall (i) all Subscription Receipts have been delivered deemed exercised, or all Subscription Receipts have expired and all Escrowed Funds have been distributed to the appropriate parties as set forth in this Agreement including all fees and compensation payable to the Subscription Receipt Agent for surrender or cancellation having been made; and (ii) all Subscription Receipt Certificates theretofore certified hereunder; (b) the issue of certificates or Book-Entry Only System customer confirmations representing Trust Units Common Shares and payment of all monies Warrants required to be issued in compliance with the provisions hereof have been issued and delivered hereunder or to the Agent in accordance with such provisions and all registered holders of Subscription Receipts Escrowed Funds have been distributed to the appropriate parties as provided set forth in Subsections 3.3(c) and (d); or (c) the payment of all monies required where the Acquisition is terminated or the Acquisition Time does not occur by the Deadline as provided in Subsections 3.5(c) and (d)this Agreement, this Agreement shall cease to be of further any force and effect and the Subscription Receipt Agent, on demand of the Company and at the cost and expense of the Trust Company and upon delivery to the Subscription Receipt Agent of a certificate of the Trust Company stating that all conditions precedent to the satisfaction and discharge of this Agreement have been complied with, shall execute proper instruments acknowledging satisfaction of and discharging this Agreement. Notwithstanding the foregoing, the indemnities and limitations of liability provided to the Subscription Receipt Agent by the Trust Company hereunder shall remain in full force and effect and survive the termination of this Agreement.