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2007/05/28 (2) Y.~~ The City of Niagara Falls, Onta~-io Resolution May 28, 2007 No. 17 Moved by Councillor Pietrangelo Seconded by Councillor Diodati WHEREAS it is in the best interest ofthe Shareholder that the subsidiary Corporation, Niagara Falls Hydro Inc., merge with Peninsula West Power Inc. on the terms and conditions set out in the documents hereafter referred to. THEREFORE BE IT RESOLVED THAT The President and Secretary of the subsidiary Corporation acting together are authorized to execute the following documents together with any related or ancillary documents necessary to carry out the merger of Niagara Falls Hydro Inc. with Peninsula West Power Inc. to form a Corporation to be called Niagara Peninsula Energy Inc.: a Merger Agreement b. Shareholder's Agreement AND THEREFORE BE IT RESOLVED THAT the foregoing resolution is hereby consented to by the Shareholder ofthe Corporation, as evidenced by its respective signatures hereto in accordance witl~ fhe provisions of Section 104(1) of the Business Corporations Act (Ontario) this 28`h day of May, 2007. AND The Seal of Yhe Corporation be hereto affixed. Carried Unanimously „ ~ C_ / E~2SN I I A R. T. ~ ~ED SALCI Cr , ) CITY CLERK ~ MAYOR