THE SPECIFIED ARTICLE,
SECTION, SUBSECTION, PARAGRAPH, SUBPARAGRAPH, CLAUSE OR SUBCLAUSE OF THIS
INDENTURE;
6
(YY)
"TIME OF EXPIRY" MEANS 5:00 P.M. (MOUNTAIN TIME)
ON THE EXPIRY DATE;
(ZZ)
"TRADING DAY", WITH RESPECT TO ANY STOCK
EXCHANGE OR OVER-THE-COUNTER MARKET, MEANS A DAY ON WHICH SHARES MAY BE TRADED
THROUGH THE FACILITIES OF SUCH STOCK EXCHANGE OR IN SUCH OVER-THE-COUNTER MARKET
AND OTHERWISE MEANS A DAY ON WHICH SHARES MAY BE TRADED THROUGH THE FACILITIES
OF THE PRINCIPAL STOCK EXCHANGE ON WHICH THE COMMON SHARES ARE THEN LISTED (OR,
IF THE COMMON SHARES ARE NOT THEN LISTED ON ANY STOCK EXCHANGE, THEN IN THE
OVER-THE-COUNTER MARKET);
(AAA)
"UNDERLYING SECURITIES" MEANS THE COMMON SHARES AND
THE WARRANTS ISSUABLE PURSUANT TO THE SUBSCRIPTION RECEIPTS;
(BBB)
"UNITED STATES" MEANS THE UNITED STATES, AS THAT TERM IS
DEFINED IN RULE 902(1) OF REGULATION S;
(CCC)
"U.S. PERSON" MEANS A U.S. PERSON, AS THAT TERM IS
DEFINED IN RULE 902(N) REGULATION S;
(DDD)
"U.S. PURCHASER" MEANS (I) A PERSON IN THE UNITED
STATES, OR (II) A U.S. PERSON OR PERSON PURCHASING ON BEHALF, OR FOR THE BENEFIT
OR ACCOUNT, OF ANY U.S. PERSON OR PERSON IN THE UNITED STATES;
(EEE)
"U.S. PROSPECTUS" MEANS A PROSPECTUS MEETING THE
REQUIREMENTS OF SECTION 10(A) OF THE U.S. SECURITIES ACT, WHICH WILL
FORM PART OF THE REGISTRATION STATEMENT;
(FFF)
"U.S. SECURITIES ACT" MEANS THE UNITED STATES
SECURITIES ACT OF 1933, AS AMENDED;
(GGG)
"VOTING SHARES" OF ANY CORPORATION MEANS SHARES OF ONE
OR MORE CLASSES OR SERIES OF A CLASS OF SHARES OF SUCH CORPORATION CARRYING
VOTING RIGHTS UNDER ALL CIRCUMSTANCES (AND NOT BY REASON OF THE HAPPENING OF A
CONTINGENCY) SUFFICIENT IF EXERCISED TO ELECT ALL OF THE DIRECTORS OF SUCH
CORPORATION, IRRESPECTIVE OF WHETHER OR NOT SHARES OF ANY OTHER CLASS OR CLASSES
SHALL HAVE OR MAY HAVE THE RIGHT TO VOTE FOR DIRECTORS BY REASON OF THE
HAPPENING OF ANY CONTINGENCY;
(HHH)
"WARRANT INDENTURE" MEANS THE WARRANT INDENTURE TO BE
ENTERED INTO BETWEEN THE CORPORATION AND EQUITY TRANSFER SERVICES INC. GOVERNING
THE WARRANTS AND DATED AS OF THE DATE HEREOF;
(III)
"WARRANT SHARES" MEANS THE COMMON SHARES
ISSUABLE UPON THE EXERCISE OF THE WARRANTS;
(JJJ)
"WARRANTS" MEANS THE COMMON SHARE PURCHASE
WARRANTS OF THE CORPORATION ISSUABLE UNDER THE WARRANT INDENTURE UPON THE
CONVERSION OF THE SUBSCRIPTION RECEIPTS AND ANY EXERCISE OF THE AGENT'S
WARRANTS, AND, AS OF THE DATE HEREOF, EACH WHOLE WARRANT ENTITLING THE HOLDER
THEREOF TO ACQUIRE ONE WARRANT SHARE AT ANY TIME FROM THE DATE OF ISSUE OF THE
WARRANTS UNTIL 5:00 P.M. (MOUNTAIN TIME) ON THE DATE WHICH IS FIVE YEARS AFTER
THE DATE HEREOF AT AN EXERCISE PRICE OF $10.00, SUBJECT TO ADJUSTMENT IN
ACCORDANCE WITH THE PROVISIONS OF THE WARRANT INDENTURE; AND
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(KKK)
"WRITTEN ORDER OF THE CORPORATION", "WRITTEN REQUEST
OF THE CORPORATION", "WRITTEN CONSENT OF THE CORPORATION", "WRITTEN DIRECTION OF
THE CORPORATION" AND "CERTIFICATE OF THE CORPORATION" MEAN A WRITTEN ORDER,
REQUEST, CONSENT, DIRECTION AND CERTIFICATE, RESPECTIVELY, SIGNED IN THE NAME OF
THE CORPORATION BY ANY DIRECTOR