As a result of the postponement of the Special Meeting, in order for a registered shareholder to exercise a right of dissent (such shareholder, a “Dissenting Shareholder”) to which it is entitled under Section 193 of the Business Corporations Act (Yukon), as modified by the Interim Order and/or the Plan of Arrangement, such Dissenting Shareholder must now exercise its rights to dissent no later than 12:00 noon (Eastern time) on November 7, 2022, or 4:00 p.m. (Eastern time) on the second (2nd) business day, excluding Saturdays, Sundays and statutory holidays, prior to the commencement of any subsequent adjournment or postponement of the Special Meeting, as the case may be. A Dissenting Shareholder wishing to exercise dissent rights with respect to the Arrangement Resolution must strictly comply with the dissent procedures described in the Company’s Management Proxy Circular dated September 27, 2022 (the “Circular”), the Interim Order, the Plan of Arrangement and Section 193 of the Business Corporations Act (Yukon), as modified by the Interim Order and/or the Plan of Arrangement.
Only registered shareholders of the Company are entitled to exercise dissent rights. Shareholders that hold their shares through a broker, investment dealer, bank, trust company or other intermediary (“Beneficial Shareholders”) must contact such intermediary for assistance in lodging a dissent.
I don't understand why you can't just follow the procedure as outlined by the Company on numerous occasions? I don't think the SEC is going to intervene here for a Yukon Corp. A judge is Yukon has approved, and given the interim order. The dissent rights provison of the Yukon Corp. law has apparently been modified by the judge and approved in the interim order and outlined in your proxy.
I don't think the OSC is going to intervene in a Yukon matter either based on a judge's ruling. You CAN hire a lawyer to go appeal the final order hearing in Yukon, good luck with that. You have a protection of both a majority of the minority AND Dissent rights.
I am a very expericened ARB player. I am long the stock now and think it will close......BUT.........I am interested to hear what happens if any of you follow the Dissent procedure and the company in the first stage offers you a few more bucks!!
Don't see why anyone needs to hire a lawyer to follow the Dissent procedure and see what the company offers to have you "go away"? Don't you just vote NO and have the beneficial holder get the registered holder to contact the company with a form letter to say you dissent and want to follow the procedure as outlined in Yukon Corporate law?