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TSX Company Manual. Staff Notices. Corporate Governance. Continuous Disclosure. Declaring Dividends or Distributions. Issuer Fees. Third Party Contacts. TSX Sandbox. Securities of an ETP or Structured Product may be suspended or delisted if, in the opinion of the TSX, the continued listing of such securities would not be consistent with preserving the overall quality of the market.
See the full text of the Amendments for a list of factors that the TSX will consider in making this determination. ETPs must notify the TSX immediately of the issuance or potential issuance of any new class of securities which are convertible into a listed class of securities of the fund.
Closed-end Funds and Structured Products must notify the TSX immediately, and obtain pre-approval from the TSX in connection with any issuance or potential issuance of securities other than securities which are unlisted, non-voting and non-participating. No, but creation and issuance must comply with the provisions of National Instrument — Investment Funds and the fund must provide, i on a monthly basis, a Form 1 — Change in Outstanding and Reserved Securities and ii on a quarterly basis, either A an opinion of counsel that all securities issued during the previous quarter have been validly issued as fully-paid and non-assessable or B a certificate of a senior officer confirming the number of securities of the fund created and reported to the TSX in the previous quarter and that full consideration for such securities was received prior to or concurrently with the issuance of such securities.
The Amendments introduced the following minimum distribution and market value thresholds in connection with supplemental listings where the securities to be issued are convertible into a currently listed class of the fund.
If the securities are not convertible into a currently listed class the original listing requirements will apply. The TSX may require security holder approval in connection with any amendments to the constating documents of the fund that are not covered by the amendment provisions set forth in such constating documents and which may materially affect the rights of a security holder of the fund as well as in connection with the extension of an ETP or Closed-end Fund beyond the originally contemplated termination date.
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