Common use of The Interim Order Clause in Contracts

The Interim Order. ‌ As soon as reasonably practicable after the date of this Agreement, the Arrangement Parties shall apply pursuant to Section 291 of the BCBCA and prepare, file and diligently pursue an application for the Interim Order, which shall provide, among other things: (a) for the class of Persons to whom notice is to be provided in respect of the Arrangement, the Harvest Meeting and the ParentCo Meeting, and for the manner in which such notice is to be provided; (b) confirmation of the record date for the purposes of determining the Harvest Shareholders entitled to notice of and to vote at the Harvest Meeting in accordance with the Interim Order; (c) that the required level of approval (the "Harvest Required Shareholder Approval"):‌ (i) for the Harvest Arrangement Resolution shall be not less than (A) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Subordinate Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting separately as a class; (B) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Multiple Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting separately as a class; (C) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Super Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting separately as a class; (D) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Subordinate Voting Shares, Harvest Multiple Voting Shares and Harvest Super Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting together as a single class; and (E) if required by applicable Law, a simple majority of the votes cast on the Harvest Arrangement Resolution excluding the votes for Harvest Shares held by "related parties" and "interested parties" as defined under MI 61- 101; and (ii) for the Harvest Equity Incentive Plan Resolution shall be a simple majority of the votes cast on the Harvest Equity Incentive Plan Resolution excluding the votes for Harvest Shares held by "related parties" and "interested parties" as defined under MI 61-101; (d) that the terms, restrictions and conditions of Harvest's constating documents relating to the holding of a meeting of Harvest Shareholders, including quorum requirements and all other matters, shall, unless varied by the Interim Order, apply in respect of the Harvest Meeting; (e) for the grant of the Harvest Dissent Rights to those Harvest Shareholders who are registered Harvest Shareholders; (f) confirmation of the record date for the purposes of determining the ParentCo Shareholders entitled to notice of and to vote at the ParentCo Meeting in accordance with the Interim Order; (g) that the required level of approval (the "ParentCo Required Shareholder Approval"):‌ (i) for the ParentCo Arrangement Resolution shall be: (A) 66.67% of the votes cast on the ParentCo Arrangement Resolution by holders of ParentCo Shares present in person or represented by proxy and entitled to vote at the ParentCo Meeting; and (B) if required by applicable Law, a simple majority of the votes cast on the ParentCo Arrangement Resolution excluding the votes for ParentCo Shares held by "related parties" and "interested parties" as defined under MI 61-101; and (ii) for the ParentCo Equity Incentive Plan Resolution shall be a simple majority of the votes cast on the ParentCo Equity Incentive Plan Resolution excluding the votes for ParentCo Shares held by "related parties" and "interested parties" as defined under MI 61-101; (h) that the terms, restrictions and conditions of ParentCo's constating documents relating to the holding of a meeting of ParentCo Shareholders, including quorum requirements and all other matters, shall, unless varied by the Interim Order, apply in respect of the ParentCo Meeting; (i) for the grant of the ParentCo Dissent Rights as contemplated by the ParentCo Circular; (j) for the notice requirements with respect to the presentation of the application to the Court for the Final Order; and (k) for such other matters as Harvest, ParentCo and the Company may consider necessary or desirable. Subject to the terms of this Agreement (including Section 13.10), the Company will use commercially reasonable efforts to cooperate with and assist the Arrangement Parties in seeking the Interim Order and the Final Order, including providing on a timely basis any information in its possession or control that is reasonably required or requested to be supplied by the Company in connection therewith.

The Interim Order. ‌ As soon as reasonably practicable after the date of this Agreement, the Arrangement Parties shall apply pursuant to Section 291 of the BCBCA and prepare, file and diligently pursue an application for the Interim Order, which shall provide, among other things: (a) for the class of Persons to whom notice is to be provided in respect of the Arrangement, the Harvest Meeting and the ParentCo Meeting, and for the manner in which such notice is to be provided; (b) confirmation of the record date for the purposes of determining the Harvest Shareholders entitled to notice of and to vote at the Harvest Meeting in accordance with the Interim Order; (c) that the required level of approval (the "“Harvest Required Shareholder Approval"):‌Approval”): (i) for the Harvest Arrangement Resolution shall be not less than (A) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Subordinate Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting separately as a class; (B) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Multiple Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting separately as a class; (C) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Super Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting separately as a class; (D) 66.67% of the votes cast on the Harvest Arrangement Resolution by holders of Harvest Subordinate Voting Shares, Harvest Multiple Voting Shares and Harvest Super Voting Shares present in person or represented by proxy and entitled to vote at the Harvest Meeting, voting together as a single class; and (E) if required by applicable Law, a simple majority of the votes cast on the Harvest Arrangement Resolution excluding the votes for Harvest Shares held by "“related parties" ” and "“interested parties" ” as defined under MI 61- 101; and (ii) for the Harvest Equity Incentive Plan Resolution shall be a simple majority of the votes cast on the Harvest Equity Incentive Plan Resolution excluding the votes for Harvest Shares held by "“related parties" ” and "“interested parties" ” as defined under MI 61-101; (d) that the terms, restrictions and conditions of Harvest's ’s constating documents relating to the holding of a meeting of Harvest Shareholders, including quorum requirements and all other matters, shall, unless varied by the Interim Order, apply in respect of the Harvest Meeting; (e) for the grant of the Harvest Dissent Rights to those Harvest Shareholders who are registered Harvest Shareholders; (f) confirmation of the record date for the purposes of determining the ParentCo Shareholders entitled to notice of and to vote at the ParentCo Meeting in accordance with the Interim Order; (g) that the required level of approval (the "“ParentCo Required Shareholder Approval"):‌Approval”): (i) for the ParentCo Arrangement Resolution shall be: (A) 66.67% of the votes cast on the ParentCo Arrangement Resolution by holders of ParentCo Shares present in person or represented by proxy and entitled to vote at the ParentCo Meeting; and (B) if required by applicable Law, a simple majority of the votes cast on the ParentCo Arrangement Resolution excluding the votes for ParentCo Shares held by "“related parties" ” and "“interested parties" ” as defined under MI 61-101; and (ii) for the ParentCo Equity Incentive Plan Resolution shall be a simple majority of the votes cast on the ParentCo Equity Incentive Plan Resolution excluding the votes for ParentCo Shares held by "“related parties" ” and "“interested parties" ” as defined under MI 61-101; (h) that the terms, restrictions and conditions of ParentCo's ’s constating documents relating to the holding of a meeting of ParentCo Shareholders, including quorum requirements and all other matters, shall, unless varied by the Interim Order, apply in respect of the ParentCo Meeting; (i) for the grant of the ParentCo Dissent Rights as contemplated by the ParentCo Circular; (j) for the notice requirements with respect to the presentation of the application to the Court for the Final Order; and (k) for such other matters as Harvest, ParentCo and the Company may consider necessary or desirable. .Subject to the terms of this Agreement (including Section 13.10), the Company will use commercially reasonable efforts to cooperate with and assist the Arrangement Parties in seeking the Interim Order and the Final Order, including providing on a timely basis any information in its possession or control that is reasonably required or requested to be supplied by the Company in connection therewith.