Capitalization
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9. (1) |
The authorized capital of the company shall consist of
(a)
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ten million
common shares without nominal or par value; and
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(b)
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five million
preferred shares with a nominal or par value of ten dollars per share with
such preferred, deferred or other special rights, restrictions, conditions or
limitations attached thereto, including the right of the company to redeem
them, as may be prescribed by the by-laws.
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(2) |
Subject to
the Canada Corporations Act, chapter
C-32 of the Revised Statutes of Canada, 1970, the charter of the company and
the by-laws, the shares of the company shall be issued, as fully paid and
non-assessable shares,
(a)
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at such
times,
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(b)
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for such
consideration, and
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(c)
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in such
proportions among
(i)
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Her Majesty
in right of Canada,
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(ii)
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approved
telecommunications common carriers, and
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(iii)
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persons who
fulfil the statutory conditions,
as the Board
of Directors, with the approval of the Governor in Council, may determine.
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(3) |
No
offering of preferred shares of the company shall be made after the initial
issue of shares of the company to approved telecommunications common carriers
or persons who fulfil the statutory conditions, unless the offering and the
preferred, deferred or other special rights, restrictions, conditions or
limitations attached to the preferred shares so offered have been authorized by
by-law sanctioned by at least two-thirds of the votes of the shareholders cast
at a special general meeting of shareholders called for the purpose.
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(4) |
Subject to
section 45, the holders of shares of the company are not entitled as of right
to subscribe for or purchase or receive any part of any issue of shares or
securities of the company but the company may, on any offering of any class of
its shares after the first issue thereof, offer the shares pro rata to the
holders of shares of that class. R.S., c. T-4, s. 10.
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