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I-5, and the regulations thereto, both as amended from time to time, and any legislation enacted in substitution for the Indian Act and its regulations; (p) "Indian Referendum Regulations" means the Indian Referendum Regulations, C.R.C. 1978, c.957, as amended SOR/94-369 and SOR/2000-392 as amended or replaced from time to time; (q) "Initial Trustees" means the Financial Trustees and the Community Fund Trustees first named at the beginning of the Trust Agreement, and "Initial Trustee" means any one of them; (r) "Member" means an individual whose name appears on the "band list", as defined in the Indian Act, of the First Nation, whether or not such individual is resident on the Reserve, and "Members" means more than one Member; (s) "Ordinary Resolution" means: a. in respect of Community Fund Trustees, a resolution passed by at least XXXXXXXXXX Community Fund Trustees who voted in respect of that resolution at a duly convened meeting of Community Fund Trustees or a written resolution signed by all the Community Fund Trustees entitled to vote on the resolution; b. in respect of Financial Trustees, a resolution passed by at least XXXXXXXXXX Financial Trustees who voted in respect of that resolution at a duly convened meeting of Financial Trustees or a written resolution signed by all the Financial Trustees entitled to vote on the resolution; and c. in respect of Members, a resolution passed by a majority of the votes cast by Members eligible to vote in respect of the resolution at a duly convened general meeting of Members; (t) "Primary Income for a Taxation Year of the Trust" means such part of the Income for a Taxation Year of the Trust which arises from property received by the Trust from the First Nation, including the sum of XXXXXXXXXX dollars received by the Initial Trustees to initially settle the Trust and the amounts deposited by Canada, at the direction of the First Nation, in the Trust pursuant to the Settlement Agreement, or from any property substituted therefor, which is attributed to the First Nation pursuant to the application of subsection 75(2) or any other provision of the Act such that the Income so attributed is deemed to be income of the First Nation and not income of the Trust for the purposes of the Act; (u) "Promissory Note" means a demand promissory note issued by the Financial Trustees and delivered to the First Nation as absolute payment, without interest, of the unpaid amount of Secondary Income for a Taxation Year of the Trust, and "Promissory Notes" means more than one Promissory Note; (v) "Reserve" means the XXXXXXXXXX Indian Reserve XXXXXXXXXX, any land added to that Reserve from time to time, and any other land that has been or may be set apart as a "reserve" as defined in the Indian Act for the use and benefit of the First Nation from time to time; (w) "Secondary Income for a Taxation Year of the Trust" means Income for a Taxation Year of the Trust other than Primary Income for a Taxation Year of the Trust; (x) "Settlement Agreement" means the proposed agreement between Canada and the First Nation dealing with the allegations raised in the XXXXXXXXXX Claim; (y) XXXXXXXXXX (z) "XXXXXXXXXX Reserve" means XXXXXXXXXX Indian Reserve XXXXXXXXXX, a "reserve" within the meaning of the Indian Act; (aa) "XXXXXXXXXX Claim" means all facts, matters and issues, losses and damages of any nature or kind arising or resulting from one or more of the following allegations: XXXXXXXXXX (bb) "Taxation Year of the Trust" means a calendar year, unless the fiscal period in respect of which the Trust is required annually to compute its income for Canadian federal income tax purposes changes, in which event the new fiscal period shall become the Taxation Year of the Trust; (cc) "Total Amount" means the aggregate payments to be made by Canada to the First Nation totaling XXXXXXXXXX dollars in accordance with Article XXXXXXXXXX of the Settlement Agreement; (dd) "Treaty XXXXXXXXXX " means Treaty XXXXXXXXXX entered into between Canada and XXXXXXXXXX; (ee) "Trust" means the XXXXXXXXXX, to be established pursuant to the Settlement Agreement, as described more particularly in 19 to 22 hereof, and to be administered in accordance with the terms and conditions of the Trust Agreement; (ff) "Trust Agreement" means that certain trust agreement to be entered into and made between the First Nation and the Initial Trustees, pursuant to which the Trustees will agree to hold and invest the Trust Property for the exclusive benefit of the First Nation, as described more particularly in 23 to 42 hereof; (gg) "Trust Property" means all monies at any time held in the Trust and, without limitation, includes: a. the sum of one XXXXXXXXXX dollars received by the Initial Trustees to settle the Trust; b. the portion of the Total Amount paid by Canada into the Trust, at the direction of the First Nation, in accordance with the Settlement Agreement; c. all investments authorized by the Trust Agreement in which those monies may from time to time be invested by the Financial Trustees, or into which those monies may be converted by the Financial Trustees at any time or from time to time, as well as any additions or accretions thereto; d. any sums repaid to the Financial Trustees in accordance with the provisions of the Trust Agreement; and e. all other monies, securities, property and assets which the First Nation, or Canada at the direction of the First Nation, or any other person, may pay, donate, sell, lend or otherwise transfer, cause to be transferred to, vest or cause to be vested in the Financial Trustees for the use and benefit of the First Nation, and includes any substituted or additional property held in trust, together with all accretions to any property held in trust and all income derived from any property held in trust, less any amounts which have been paid or disbursed from any property held in trust (whether out of capital or income) in the normal course of the administration of the Trust or pursuant to the provisions of the Trust Agreement; and (hh) "Trustees" means the Financial Trustees and the Community Fund Trustees from time to time acting under the Trust Agreement, and includes the Initial Trustees, and "Trustee" means any one of them. ...

Ruling # 2005-011948, dated XXXXXXXXXX, 2005, was obtained in respect of the formation of Partnership in XXXXXXXXXX. 15. ...

Advance income tax ruling # 2005-011948, dated XXXXXXXXXX, 2005, was obtained from the CRA in respect of the formation of Partnership in XXXXXXXXXX. 15. ...

Yours truly, XXXXXXXXXX for Director International & Trusts Division Income Tax Rulings Directorate Legislative Policy and Regulatory Affairs Branch ...

The authorized share capital of Dco consists of an unlimited number of XXXXXXXXXX % non-cumulative, redeemable preference shares and an unlimited number of common shares. ...

New Subco 1's authorized capital consists of an unlimited number of voting and fully participating common shares; "Non-Resident" means: (i) a person (within the meaning of subsection 248(1) but, for greater certainty, not including a partnership) who is not resident in Canada for the purposes of the Act; or (ii) a partnership that is not a "Canadian partnership" as defined in subsection 248(1); "Other Shareholders" means XXXXXXXXXX which directly or indirectly owned approximately XXXXXXXXXX % of the total Target Shares, XXXXXXXXXX. which directly or indirectly owned approximately XXXXXXXXXX% of the total Target Shares and Management who never owned directly or indirectly more than approximately XXXXXXXXXX% of the total Target Shares from XXXXXXXXXX until the Effective Time. ...

Yours truly, XXXXXXXXXX Section Manager For Division Director International & Trusts Division Income Tax Rulings Directorate Legislative Policy and Regulatory Affairs Branch ...

The issued and outstanding shares of DC are owned as follows: Shareholder Common Shares Preferred Shares % of Class Individual1 XXXXXXXX XXXXXXXX XXXXXXXX Holdco1 XXXXXXXX XXXXXXXX XXXXXXXX Individual2 XXXXXXXX XXXXXXXX XXXXXXXX Holdco2 XXXXXXXX XXXXXXXX XXXXXXXX Individual3 XXXXXXXX XXXXXXXX XXXXXXXX Holdco3 XXXXXXXX XXXXXXXX XXXXXXXX Individual4 XXXXXXXX XXXXXXXX XXXXXXXX Holdco4 XXXXXXXX XXXXXXXX XXXXXXXX Each of the shareholders of DC holds its shares of DC as capital property. ...

XXXXXXXXXX Section Manager for Division Director International & Trusts Division Income Tax Rulings Directorate Legislative Policy and Regulatory Affairs Branch ...

The members of the Partnership are Opco (as to an approximate XXXXXXXXXX% interest), Sub 1 (as to an approximate XXXXXXXXXX % interest), Sub 3 (as to an approximate XXXXXXXXXX% interest) and Sub 2 (as to an approximate XXXXXXXXXX% interest). ...