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a. | each participant is organized or incorporated in Canada and is a foreign private issuer; |
b. | the predecessor participants have been reporting for the preceding 36 months to Canadian securities regulatory authorities; |
c. | the predecessor participants have been listed for the preceding 12 months on the Montreal or Toronto exchange or the Senior Board of the Vancouver Stock Exchange; |
d. | each predecessor participant has a public float of (CN) $75 million; |
e. | U.S. holders would hold less than 25% (in the case of Form F-8) or 40% (in the case of Form F-80) of the class of securities being registered by the successor upon completion of the business combination; and |
f. | the securities must be offered to U.S. holders on terms no less favorable than those offered to any other holder of the same class of securities. |
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