Sue's Blog

Thursday, February 09, 2012

Dear Dean, Brian, Danny, and MHA's - cut the 2041 Crap

PLEASE READ THE WORDS BELOW AND EXPLAIN TO ME WHAT HAPPENS IN 2041
By all means don't trip over yourselves getting to the answer.


Part of the Shareholders Agreement among NL Hydro, Hydro-Quebec, and CFLCo June 18th 1999

Article 3 Board of Directors

3.4 Special Majority Decisions of the Board of Directors

The following decisions will require the approval of a majority of the directors on the Board of Directors, including at least one director nominated by NL Hydro and one director nominated by Hydro-Quebec on the Board of Directors:

3.4.6

...the entering into, amendment or termination of any Material Contract to which CFLCo or any Subsidiary of CFLCo is a party or to which CFLCo or any Subsidiary of CFLCo may become a party, unless such entering into, amendment or termination has been previously approved in a budget approved under Section 3.4.2 or 3.4.3;

Material Contract defined: "Material Contract" means (i) any contract involving a monetary commitment of CFLCo or having a value to CFLCo of $10 million or more in the aggregate and (ii) any contract which restricts CFLCo from carrying on its Business, including the contracts listed on Schedule E;

Business defined: "Business" means the business of CFLCo which shall be limited to the following purposes and objects:
(a) to produce or otherwise acquire and to transmit and to sell electricity;
(b) to harness or otherwise make use of water for the purpose of producing hydroelectric and hydraulic power and for any other purpose;

2 comments:

Cyril Rogers said...

Sue, to my non-legalistic mind, tis spells trouble. I have a couple of questions.

1. What is the composition of the Board of Directors of CFLco?

2. How much control does Hydro Quesbec have over these decisions?

Sue Kelland-Dyer said...

Unfortunately Cyril - for decisions - the type of which is detailed - we need their support to proceed.