To: JOE TURMAINE who wrote (349 ) 6/9/1999 6:47:00 PM From: eWhartHog Read Replies (1) | Respond to of 406
Joe, As far as I know its not unusual for rights offerings to be limited to only a few provinces. I'm not sure why the offer isn't made in all provinces, and there may be some way around the residency problem. I use MS Word and was able to open the file, so WP 7.0 should be able to open it as well. For MS Word you have to save the file with a .doc extension, and open it under the new name. Regards, John ______________________________________________________________ Ineligible Shareholders The Rights are being offered only in the provinces of British Columbia, Alberta and Ontario (collectively, the “Qualifying Jurisdictions”). The securities of the Corporation, including the Rights, the Common Shares issuable on the exercise of the Rights and the Rights Certificates, are not registered under the Securities Act of 1933, as amended, of the United States of America. This offering is not being made in the United States nor in the provinces of Saskatchewan, Manitoba, New Brunswick, Prince Edward Island, Nova Scotia, Quebec or Newfoundland and under no circumstances is to be construed as an offering of any securities for sale in or to a national or resident of the United States or any such province or a solicitation therein of an offer to buy any securities. Accordingly, Rights Certificates may not be held directly by, and subscriptions for Common Shares will not be accepted from or on behalf of, Shareholders whose addresses of record are in the United States or any such province, or other persons who the Corporation or the Subscription Agent referred to below has reason to believe are nationals or residents of the United States or any such province (collectively, “Ineligible Shareholders”). Ineligible Shareholders will not be forwarded Rights Certificates. Instead, the Corporation will notify Ineligible Shareholders that the Rights Certificates to which they are entitled will be issued to and held by the Subscription Agent referred to below, which will hold the same and the Rights evidenced thereby as agent for the benefit of all Ineligible Shareholders. Instructions as to the sale, transfer or exercise of such Rights Certificates will not be accepted from such Shareholders. The Rights evidenced by such Rights Certificates will be sold by the Subscription Agent, on behalf of all such respective holders. The net proceeds (less any applicable withholding tax and brokerage commissions) of such sale will be paid to them on a pro rata basis by cheque. Net proceeds for any one Shareholder of less than $10.00 will not be forwarded to the Shareholder, unless the Subscription Agent is specifically requested in writing to do so by the Shareholder. A registered Shareholder whose address of record is outside the Qualifying Jurisdictions but who holds Common Shares on behalf of a holder who is eligible to participate in this Rights Offering must notify the Subscription Agent, in writing, on or before the 7th day prior to the Expiry Time if such beneficial holder wishes to participate in this Rights Offering. Otherwise, the Subscription Agent will sell the Rights of such Shareholder as described above on a best efforts basis. The Subscription Agent's ability to sell such Rights and the price obtained therefor are dependent on market conditions. The Subscription Agent will not be subject to any liability for failure to sell any Rights of Ineligible Shareholders at a particular price or at all. The Subscription Agent will act in its capacity as agent of the Ineligible Shareholders on a best efforts basis only and neither the Corporation nor the Subscription Agent will accept responsibility for the price obtained on the sale or the inability to sell the Rights on behalf of any Ineligible Shareholder.