The Transaction will be completed by way of a plan of arrangement under the Business Corporations Act (Ontario) (" OBCA "). The Transaction is subject to obtaining a variation of the Final Order to approve the substitution of Agnico Eagle as purchaser under the plan of arrangement (such varied final order, the " Agnico Final Order "). Subsequent to entering into the Assignment Agreement and the Amending Agreement, on January 6, 2021, the parties received an advance ruling certificate under the Competition Act (Canada) satisfying the "Competition Act Clearance" condition in respect of the Transaction.