Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 3 contracts
Sources: Arrangement Agreement (Sundial Growers Inc.), Arrangement Agreement (SNDL Inc.), Arrangement Agreement (Valens Company, Inc.)
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.9 hereof shall be deemed to be released from escrow escrow, without any further act or formality required on the part of any Person, when the Certificate of Arrangement is issued by the Directorissued.
Appears in 3 contracts
Sources: Arrangement Agreement (Nuvei Corp), Arrangement Agreement (Semtech Corp), Arrangement Agreement (Sierra Wireless Inc)
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 3 contracts
Sources: Arrangement Agreement, Arrangement Agreement (Dominion Diamond Corp), Arrangement Agreement
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the DirectorRegistrar. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by without any further act or formality required on the Directorpart of any Person.
Appears in 2 contracts
Sources: Arrangement Agreement (Rogers Communications Inc), Arrangement Agreement
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Directorissued.
Appears in 2 contracts
Sources: Arrangement Agreement, Arrangement Agreement (POINTS.COM Inc.)
Satisfaction of Conditions. The conditions precedent set out in Section Sections 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when upon issuance of the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser Agnico and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Consideration Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by without any further act or formality required on the Directorpart of any Person.
Appears in 2 contracts
Sources: Merger Agreement (Agnico Eagle Mines LTD), Merger Agreement (Kirkland Lake Gold Ltd.)
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding (i) the terms of any escrow agreement entered into between the Purchaser and the DepositaryDepositary and (ii) the terms of any escrow agreement entered into between the Purchaser and the Company, all funds and any irrevocable direction for the issuance of the Purchaser Shares Consideration held in escrow by the Depositary and the Company pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 2 contracts
Sources: Arrangement Agreement (Spire Global, Inc.), Arrangement Agreement (Spire Global, Inc.)
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Directorissued.
Appears in 2 contracts
Sources: Arrangement Agreement (Shockwave Medical, Inc.), Arrangement Agreement (Neovasc Inc)
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.9 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Directorissued.
Appears in 2 contracts
Sources: Arrangement Agreement (Clementia Pharmaceuticals Inc.), Arrangement Agreement (Nordion Inc.)
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the DirectorEnterprise Registrar. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser AcquireCo and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.9 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by without any further act or formality required on the Directorpart of any Person.
Appears in 1 contract
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 1 contract
Sources: Arrangement Agreement
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the DirectorRegistrar. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the DirectorRegistrar.
Appears in 1 contract
Satisfaction of Conditions. β The conditions precedent set out in Section Sections 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when upon issuance of the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser Agnico and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Consideration Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by without any further act or formality required on the Directorpart of any Person.
Appears in 1 contract
Sources: Merger Agreement
Satisfaction of Conditions. The conditions precedent set out in Section 6.16.1 , Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate Certificat e of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement A rrangement is issued by the Director.
Appears in 1 contract
Sources: Arrangement Agreement
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by without any further act or formality required on the Directorpart of any Person.
Appears in 1 contract
Sources: Arrangement Agreement
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by without any further act or formality required on the Directorpart of any person.
Appears in 1 contract
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the DirectorRegistrar. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser Purchaser, the Parent and/or the Company and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow escrow, without any further act or formality required on the part of any Person, when the Certificate of Arrangement is issued by the DirectorRegistrar.
Appears in 1 contract
Sources: Arrangement Agreement (Toro Co)
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the DirectorEnterprise Registrar. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.9 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Directorissued.
Appears in 1 contract
Satisfaction of Conditions. The conditions precedent set out in Section 6.18.1, Section 6.2 8.2 and Section 6.3 will 8.3 shall be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.9 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 1 contract
Sources: Definitive Agreement (Ontario Teachers Pension Plan Board)
Satisfaction of Conditions. The conditions precedent set out in Section 6.17.1, Section 6.2 7.2 and Section 6.3 7.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 1 contract
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the DirectorRegistrar. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the DirectorRegistrar.
Appears in 1 contract
Sources: Arrangement Agreement (SNDL Inc.)
Satisfaction of Conditions. The conditions precedent set out in Section Sections 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares Arrangement Issued Securities held in escrow by the Depositary pursuant to Section 2.8 2.9 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 1 contract
Satisfaction of Conditions. The conditions precedent set out in Section 6.18.1, Section 6.2 8.2 and Section 6.3 will 8.3 shall be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the DirectorDirector with the consent of the Parties and in accordance with the terms of this Agreement. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.9 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is so issued by the Director.
Appears in 1 contract
Sources: Arrangement Agreement (Axcan Intermediate Holdings Inc.)
Satisfaction of Conditions. The conditions precedent set out in Section Sections 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement entered into between the Purchaser Purchasers and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 1 contract
Sources: Arrangement Agreement (Phi Inc)
Satisfaction of Conditions. The conditions precedent set out in Section Sections 6.1, Section 6.2 and Section 6.3 will shall be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser Acquireco and the DepositaryDepository, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary Depository pursuant to Section 2.8 2.9 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 1 contract
Satisfaction of Conditions. The conditions precedent set out in Section 6.1, Section 6.2 and Section 6.3 will be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding Notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 shall be deemed to 4.13 hereof will be released from escrow when the Certificate of Arrangement is issued by without any further act or formality required on the Directorpart of any Person.
Appears in 1 contract
Sources: Arrangement Agreement
Satisfaction of Conditions. The conditions precedent set out in Section 6.19.1, Section 6.2 9.2 and Section 6.3 will 9.3 shall be conclusively deemed to have been satisfied, waived or released when the Certificate of Arrangement is issued by the Director. For greater certainty, and notwithstanding the terms of any escrow agreement arrangement entered into between the Purchaser and the Depositary, all funds and any irrevocable direction for the issuance of the Purchaser Shares held in escrow by the Depositary pursuant to Section 2.8 2.10 hereof shall be deemed to be released from escrow when the Certificate of Arrangement is issued by the Director.
Appears in 1 contract