Common use of Share Classes Clause in Contracts

Share Classes. The Corporation shall not at any time, without the prior written consent of Pallinghurst, which consent may be withheld in its sole and absolute discretion, amend its articles, notice of articles, or other constating documents, or agree to do so, or take any steps to do so (including by means of calling a shareholder meeting or setting a record date for a shareholder meeting in respect thereof), where such amendment would create a class or series of equity or voting shares which, if approved, would have voting rights, a right to a dividend or distribution, a right to the remaining property of the Corporation following dissolution, liquidation or winding-up, or any other rights, which are more advantageous or favourable than those provided to the holders of the Common Shares.

Appears in 2 contracts

Sources: Investment Agreement (Nouveau Monde Graphite Inc.), Convertible Bond Subscription Agreement (Nouveau Monde Graphite Inc.)

Share Classes. The Corporation shall not at any time, without the prior written consent of PallinghurstHPX, which consent may be withheld in its sole and absolute discretion, amend its articles, notice of articles, or other constating documents, or agree to do so, or take any steps to do so (including by means of calling a shareholder meeting or setting a record date for a shareholder meeting in respect thereof), where such amendment would create a class or series of equity or voting shares which, if approved, would have voting rights, a right to a dividend or distribution, a right to the remaining property of the Corporation following dissolution, liquidation or winding-up, or any other rights, which are more advantageous or favourable than those provided to the holders of the Common Shares.

Appears in 2 contracts

Sources: Investment Agreement, Share Purchase Agreement

Share Classes. The Corporation shall not at any time, without the prior written consent of Pallinghurstthe Investor, which consent may be withheld in its the Investor’s sole and absolute discretion, amend its articles, notice of articles, by-laws or other constating documents, or agree to do so, or take any steps to do so (including by means of calling a shareholder meeting or setting a record date for a shareholder meeting in respect thereof), where such amendment would create a class or series of equity or voting shares which, if approved, would have voting rights, a right to a dividend or distribution, a right to the remaining property of the Corporation following dissolution, liquidation or winding-up, or any other rights, which are more advantageous or favourable than those provided to the holders of the Common Shares.

Appears in 1 contract

Sources: Subscription Agreement (Nouveau Monde Graphite Inc.)