ANY WARRANT
CERTIFICATE ISSUED AND COUNTERSIGNED HEREUNDER SHALL BECOME MUTILATED, LOST,
DESTROYED OR STOLEN, THE CORPORATION, SUBJECT TO APPLICABLE LAW, SHALL ISSUE AND
THEREUPON THE WARRANT AGENT SHALL COUNTERSIGN AND DELIVER A NEW WARRANT
CERTIFICATE FOR THE SAME CLASS OF WARRANTS AND OF LIKE DENOMINATION, DATE AND
TENOR, AND BEARING THE APPLICABLE LEGENDS, IF ANY, AS THE ONE MUTILATED, LOST,
DESTROYED OR STOLEN (I) IN EXCHANGE FOR AND IN PLACE OF AND UPON CANCELLATION OF
SUCH MUTILATED CERTIFICATE, OR (II) IN LIEU OF AND IN SUBSTITUTION FOR SUCH
LOST, DESTROYED OR STOLEN CERTIFICATE AND THE SUBSTITUTED CERTIFICATE SHALL BE
IN A FORM APPROVED BY THE WARRANT AGENT AND SHALL BE ENTITLED TO THE BENEFIT
HEREOF AND SHALL RANK EQUALLY IN ACCORDANCE WITH ITS TERMS WITH ALL WARRANTS OF
THE SAME CLASS EITHER ISSUED OR TO BE ISSUED HEREUNDER.
10
(B)
ISSUE OF NEW WARRANT CERTIFICATES:
THE
APPLICANT FOR THE ISSUE OF A NEW WARRANT CERTIFICATE PURSUANT TO SUBSECTION
2.06(A) HEREOF SHALL BEAR THE COST OF THE ISSUE THEREOF AND IN CASE OF LOSS,
DESTRUCTION OR THEFT SHALL, AS A CONDITION PRECEDENT TO THE ISSUE THEREOF,
FURNISH TO THE CORPORATION AND TO THE WARRANT AGENT SUCH EVIDENCE OF OWNERSHIP
AND OF THE LOSS, DESTRUCTION OR THEFT, AS THE CASE MAY BE, OF THE CERTIFICATE SO
LOST, DESTROYED OR STOLEN AS SHALL BE SATISFACTORY TO THE CORPORATION AND TO THE
WARRANT AGENT IN THEIR DISCRETION, ACTING REASONABLY, AND SUCH APPLICANT MAY
ALSO BE REQUIRED TO FURNISH INDEMNITY OR SECURITY IN AMOUNT AND FORM
SATISFACTORY TO THE CORPORATION AND THE WARRANT AGENT IN THEIR DISCRETION,
ACTING REASONABLY, TO SAVE EACH OF THEM HARMLESS, AND SHALL PAY THE REASONABLE
EXPENSES, CHARGES AND ANY TAXES APPLICABLE THERETO OF THE CORPORATION AND THE
WARRANT AGENT IN CONNECTION THEREWITH.
Section 2.07
Exchange of Warrant Certificates:
(A)
EXCHANGE:
WARRANT CERTIFICATES ISSUED AND
COUNTERSIGNED HEREUNDER REPRESENTING ANY SPECIFIED NUMBER OF WARRANTS TO
SUBSCRIBE FOR AND PURCHASE COMMON SHARES MAY, UPON COMPLIANCE WITH THE
REASONABLE REQUIREMENTS OF THE WARRANT AGENT, BE EXCHANGED FOR WARRANT
CERTIFICATES REPRESENTING IN THE AGGREGATE THE SAME NUMBER OF WARRANTS AND
ENTITLING THE HOLDER THEREOF TO SUBSCRIBE FOR AND PURCHASE AN EQUAL AGGREGATE
NUMBER OF COMMON SHARES AT THE SAME EXERCISE PRICE AND ON THE SAME TERMS AS THE
WARRANT CERTIFICATES SO EXCHANGED.
(B)
PLACES OF EXCHANGE:
WARRANT CERTIFICATES
MAY BE EXCHANGED AT THE PRINCIPAL OFFICE OF THE WARRANT AGENT IN THE CITY OF
TORONTO, ONTARIO, OR AT ANY OTHER PLACE THAT IS DESIGNATED BY THE CORPORATION
WITH THE APPROVAL OF THE WARRANT AGENT.
ANY WARRANT CERTIFICATE TENDERED FOR
EXCHANGE SHALL BE SURRENDERED TO THE WARRANT AGENT AND UPON COMPLETION OF THE
EXCHANGE BE CANCELLED BY THE WARRANT AGENT. THE CORPORATION SHALL SIGN AND THE
WARRANT AGENT SHALL COUNTERSIGN ALL WARRANT CERTIFICATES NECESSARY TO CARRY OUT
SUCH EXCHANGES.
(C)
CHARGES FOR EXCHANGE:
FOR EACH WARRANT
CERTIFICATE EXCHANGED, THE WARRANT AGENT, EXCEPT AS OTHERWISE HEREIN PROVIDED,
SHALL, IF REQUIRED BY THE CORPORATION, CHARGE THE WARRANTHOLDER A REASONABLE
AMOUNT FOR EACH NEW WARRANT CERTIFICATE ISSUED. PAYMENT FOR