Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may: (1) set the value for distribution of specific assets; (2) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and (3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 13 contracts
Sources: Separation and Distribution Agreement (Inpixon), Incorporation Agreement (Boart Longyear Australia Pty LTD), Acquisition Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments money in substitution for all or any part of the specific assets to which any shareholders are entitled may be made paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 13 contracts
Sources: Incorporation Agreement (QualTek Wireline LLC), Amalgamation Agreement, Amalgamation Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.521.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1a) set the value for distribution of specific assets;
(2b) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3c) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 8 contracts
Sources: Business Combination Agreement (Screaming Eagle Acquisition Corp.), Business Combination Agreement (Jupiter Acquisition Corp), Incorporation Agreement (BirchBioMed Inc.)
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1a) set the value for distribution of specific assets;
(2b) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3c) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 4 contracts
Sources: Merger Agreement, Merger Agreement, Amalgamation Agreement (Petaquilla Minerals LTD)
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.521.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments money in substitution for all or any part of the specific assets to which any shareholders are entitled may be made paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 3 contracts
Sources: Incorporation Agreement, Arrangement Agreement (Bausch Health Companies Inc.), Arrangement Agreement (Bausch & Lomb Corp)
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;assets;
(2) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 2 contracts
Sources: Amalgamation Agreement, Business Combination Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.523.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1a) set the value for distribution of specific assets;
(2b) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3c) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Merger Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Amalgamation Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments money in substitution for all or any part of the specific assets to which any shareholders are entitled may be made paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Business Combination Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.521.5, the directors may settle the difficulty as they the directors deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Amalgamation Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1a) set the value for distribution of specific assets;assets;
(2b) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3c) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Amalgamation Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; andand
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Amalgamation Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments in substitution for all or any part of the specific assets to which any shareholders are entitled may be made paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Amalgamation Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem deemed advisable, and, in particular, may:
(1) set the value for distribution of specific assets;
(2) determine that cash payments money in substitution for all or any part of the specific assets to which any shareholders are entitled may be made paid to any shareholders on the basis of the value so fixed in fixe din order to adjust the rights of all parties; and
(3) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Amalgamation Agreement
Settlement of Difficulties. If any difficulty arises in regard to a distribution under Article 22.5, the directors may settle the difficulty as they deem advisable, and, in particular, may:
(1a) set the value for distribution of specific assets;
(2b) determine that cash payments money in substitution for all or any part of the specific assets to which any shareholders are entitled may be made paid to any shareholders on the basis of the value so fixed in order to adjust the rights of all parties; and
(3c) vest any such specific assets in trustees for the persons entitled to the dividend.
Appears in 1 contract
Sources: Share Purchase Agreement