Common use of Settlement of Difficulties Clause in Contracts

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