Standby Commitment. Subject to and in accordance with the terms hereof, the Standby Purchaser hereby agrees to purchase from CDB, and CDB hereby agrees to sell to the Standby Purchaser, at the Subscription Price and on the Closing Date, (i) such number of Rights Shares that results from the Standby Purchaser fully subscribing and exercising its Rights under the Basic Subscription Privilege and (ii) such number of Rights Shares, if any, that are not purchased upon exercise of the Rights under the Rights Offering but excluding Rights Shares (the “Excluded Rights Shares”) that are issuable to JCHX Mining Management Co., Ltd. and its affiliates under Rights issued to it (the “Standby Shares”). For certainty, the aggregate number of Standby Shares to be purchased pursuant to this Section 2.4 will be equal to: (a) the number of Rights Shares authorized to be issued on the Record Date pursuant to the exercise of the Rights; minus (b) the Excluded Rights Shares and the number of Rights Shares subscribed for and taken up under the Rights Offering by holders of Rights (including, for greater certainty and without limitation, pursuant to the Additional Subscription Privilege and any Rights Shares subscribed for under the Rights Offering by the Standby Purchaser) (such commitment referred to as the “Standby Commitment”).
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Sources: Standby Purchase Agreement, Standby Purchase Agreement
Standby Commitment. Subject to and in accordance with the limitation set out in this Section 2.3 and the other terms hereof, if Postmedia proceeds with the Rights Offering, the Standby Purchaser hereby agrees to purchase from CDBPostmedia, and CDB Postmedia hereby agrees to sell to the Standby Purchaser, at the Subscription Issue Price and on the Closing Date, (i) such number of Rights Shares that results from the Standby Purchaser fully subscribing and exercising its Rights under the Basic any Subscription Privilege and (ii) such number of Rights Shares, if any, Receipts that are not purchased upon exercise of the Rights under otherwise subscribed for in the Rights Offering but excluding by holders of Rights Shares (prior to the “Excluded Rights Shares”) that are issuable to JCHX Mining Management Co., Ltd. and its affiliates under Rights issued to it Expiry Time (the “Standby SharesSubscription Receipts”). For certaintyIn this regard and to the extent that the Rights Offering is made in the applicable jurisdiction of residence of the Standby Purchaser, the Standby Purchaser agrees to exercise its Basic Subscription Privilege. The aggregate number of Standby Shares Subscription Receipts required to be purchased pursuant to this Section 2.4 2.3 will be equal to: (ai) the number of Rights Shares Subscription Receipts authorized to be issued on the Record Date pursuant to the exercise of the Rights; , minus (bii) the Excluded Rights Shares and the number of Rights Shares Subscription Receipts subscribed for and taken up under the Rights Offering by holders of Rights (including, for greater certainty and without limitation, pursuant to the Additional Subscription Privilege and any Rights Shares subscribed for under the Rights Offering by the Standby PurchaserPrivilege) (such commitment referred to as the “Standby Commitment”).
Appears in 2 contracts
Sources: Standby Purchase Agreement (Postmedia Network Canada Corp.), Standby Purchase Agreement (Postmedia Network Canada Corp.)
Standby Commitment. Subject to and in accordance with the terms hereof, the Standby Purchaser hereby agrees to purchase from CDBCGX, and CDB CGX hereby agrees to sell to the Standby Purchaser, at the Subscription Price and on the Closing Date, (i) such number of Rights Common Shares that results from the Standby Purchaser fully subscribing and exercising its Rights under the Basic Subscription Privilege and (ii) such number of Rights Common Shares, if any, that are not purchased upon exercise of the Rights under the Rights Offering but excluding Rights Shares (the “Excluded Rights Shares”) that are issuable to JCHX Mining Management Co., Ltd. and its affiliates under Rights issued to it (the “Standby Shares”). For certainty, the The aggregate number of Standby Shares to be purchased pursuant to this Section 2.4 will be equal to: (a) the number of Rights Common Shares authorized to be issued on the Record Date pursuant to the exercise of the Rights; minus (b) the Excluded Rights Shares and the number of Rights Common Shares subscribed for and taken up under the Rights Offering by holders of Rights (including, for greater certainty and without limitation, pursuant to the Additional Subscription Privilege and any Rights Common Shares subscribed for under the Rights Offering by the Standby Purchaser) (such commitment referred to as the “Standby Commitment”).
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