EX-99.95 96 ex99-95.htm

 

Exhibit 99.95

 

UNDERTAKING

 

TO: Ontario Securities Commission

 

AND TO: British Columbia Securities Commission
  Alberta Securities Commission
  Financial and Consumer Affairs Authority of Saskatchewan
  The Manitoba Securities Commission
  Autorité des marchés financiers
  Financial and Consumer Services Commission of New Brunswick
  Nova Scotia Securities Commission
  Office of the Superintendent of Securities, Service Newfoundland and Labrador
  Office of the Superintendent of Securities, Prince Edward Island
  Office of the Yukon Superintendent of Securities
  Office of the Superintendent of Securities, Northwest Territories
  Nunavut Securities Office

 

(collectively, the “Commissions”)

 

RE: Fire & Flower Holdings Corp. (the “Corporation”)

 

Short Form Base Shelf Prospectus of the Corporation dated November 24, 2020 in the Province of Quebec and the Territories of Canada, and Amended and Restated Short Form Base Shelf Prospectus dated November 24, 2020 of the Corporation Amending and Restating the Short Form Base Shelf Prospectus of the Corporation dated November 1, 2019 in all of the Provinces of Canada other than Quebec (collectively, the “Prospectus”)

 

 

Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Prospectus.

 

In connection with the filing of the Prospectus, the undersigned undertakes to file with the Commissions all material contracts and documents affecting the rights of securityholders, in accordance with subsections 4.2(a)(x) and (x.1) of National Instrument 44-101 – Short Form Prospectus Distributions, including the following:

 

1. the warrant indenture or warrant agency agreement for any offering of Warrants;
   
2. the subscription receipt agreement for any offering of Subscription Receipts;
   
3. the trust indenture or supplemental trust indenture for any offering of Debt Securities; and
   
4. the unit agreement and, if applicable, collateral agreements and depository agreements, for any offering of Units,

 

promptly and in any event within seven days after the execution of the document or after the document becomes effective, as applicable.

 

DATED: November 24, 2020

 

FIRE & FLOWER HOLDINGS CORP.

 

  By: (signed) “Trevor Fencott
  Name: Trevor Fencott
  Title: President and CEO