VRSN » Topics » Deemed Receipt

This excerpt taken from the VRSN 10-K filed Mar 3, 2009.

Deemed Receipt

 

9. THIS COURT ORDERS that the Meeting Materials and Optionholder Materials shall be deemed for the purposes of this Interim Order to have been received,

 

  (a) in the case of mailing, three (3) days after delivery thereof to the post office,

 

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  (b) in the case of delivery in person, upon receipt thereof at the intended recipient’s address,

 

  (c) in the case of delivery by courier or by inter-office mail, one (1) Business Day after receipt by the courier or inter-office system,

 

  (d) in the case of distribution by facsimile transmission, upon obtaining a delivery receipt confirming the transmission thereof,

 

  (e) in the case of distribution by electronic transmission, upon the sending thereof,

 

  (f) in the case of press release, at the time of dissemination of the press release,

 

  (g) in the case of newspaper advertisement, at the time of publication of the newspaper advertisement, and

 

  (h) in all such cases leave is granted for service outside Ontario to the extent such leave is required.

 

For the purposes of this Interim Order, “Business Day” shall mean any day, other than a Saturday, a Sunday and a statutory holiday in Toronto, Ontario, Canada or New York, N.Y., Unites States of America.

 

10. THIS COURT ORDERS that distribution of the Meeting Materials and Optionholder Materials pursuant to paragraphs 5 and 6 of this Interim Order shall constitute good and sufficient service and notice thereof upon all such persons of the Meeting and the within Application. Further, no other form of service of the Meeting Materials or the Optionholder Materials or any portion thereof need be made, or notice given or other material served in respect of these proceedings, the within Application, and/or the Meeting to the persons described in paragraphs 5 and 6 of this Interim Order or to any other persons.

 

11. THIS COURT ORDERS that the accidental failure or omission by Certicom to give notice of the Meeting or to distribute the Meeting Materials or Optionholder Materials due to mistake or events beyond the control of Certicom, or the non-receipt of such notice or materials, shall not invalidate any resolution passed or proceedings taken at the Meeting and shall not

 

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constitute a breach of this Interim Order, but if any such failure or omission is brought to the attention of Certicom, then Certicom shall use its best efforts to rectify it by the method and in the time most reasonably practicable in the circumstances.

 

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