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HomeMy WebLinkAbout23 165 Bruce Telecom Holding Inc. Share Purchase Agreement By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 165 Being a By-law to Ratify the Bruce Telecom Holdings Inc. Share Purchase Agreement Whereas sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas The Corporation of the Municipality of Kincardine is the holder of all the issued and outstanding shares in the capital of Bruce Telecom Holdings Inc.; and Whereas Bruce Telecom Holdings Inc. owns beneficial and legal title to all of the issued and outstanding shares of each of (i) Bruce Teleco m Ontario Inc. and (ii) Bruce Telecom Kincardine Inc.; and Whereas 1000665156 Ontario Inc. an Ontario corporation, under the control of Windsor Private Capital, wishes to purchase all of the issued and outstanding shares of Bruce Telecom Holdings Inc.; and Whereas The Corporation of the Municipality of Kincardine wishes to sell all of the issued and outstanding shares of Bruce Telecom Holdings Inc.; Now Therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine enacts as follows: 1. That the Council of The Corporation of the Municipality of Kincardine ratify the Bruce Telecom Holdings Inc. Share Purchase Agreement dated October 5, 2023. 2. That the Mayor and Clerk be authorized to sign and execute, on behalf of The Corporation of the Municipality of Kincardine the Bruce Telecom Holdings Inc. Share Purchase Agreement and all other documents to be executed and delivered by The Corporation of the Municipality of Kincardine in connection therewith, and any other documents as required to fulfill the intent of this By-law, and to affix the corporate seal as required. 3. That this By-law shall come into full force and effect upon its final passage. 4. That this By-law may be cited as the “Bruce Telecom Holdings Inc. Share Purchase Agreement By-law". Read a First, Second and Third Time and Finally Passed this 5th day of October, 2023. Mayor Clerk