965.11.19.2. For the purposes of this Title, a corporation that plans to make a share issue, a non-guaranteed convertible security issue or a convertible security issue that can be included in a stock savings plan as qualifying shares or qualifying non-guaranteed convertible securities or that, in the case of convertible securities, may be converted into qualifying shares, no share of the capital stock of which, no convertible security and no non-guaranteed convertible security was issued with a stipulation that it could be included in a stock savings plan or was issued, as a result of a transaction referred to in section 541 or 544 other than a transaction referred to in section 555.1, in replacement or substitution for a share, non-guaranteed convertible security or convertible security issued with such a stipulation, and that makes before the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to its issue or has made a particular transaction referred to in the first paragraph of section 965.11.11, 965.11.13 or 965.11.17, is not required to meet the requirement set out in the second paragraph of section 965.11.11, 965.11.13 or 965.11.17, where applicable, in respect of the particular transaction, if the aggregate of the amounts by which its capital stock has been reduced as a result of the particular transaction and of every other transaction consisting of a particular transaction referred to in the first paragraph of the said sections that is made during the period which begins on the three hundred and sixty-fourth day preceding the day of the particular transaction and ends immediately before the particular transaction is made is less than 10% of the amount of the share issue, non-guaranteed convertible security issue or convertible security issue that the corporation plans to make.
1989, c. 5, s. 175; 1997, c. 3, s. 71; 1997, c. 85, s. 218.