Exhibit 99.6
Form 5.03
2012 | Hfx No. 410368 |
SUPREME COURT OF NOVA SCOTIA
Between:
| YM BIOSCIENCES INC. | Court Administration | APPLICANT |
|
| DEC 21 2012 |
|
|
| Halifax, N.S. |
|
|
|
|
|
| and
ALL HOLDERS OF COMMON SHARES OF YM BIOSCIENCES INC. AS OF CLOSE OF BUSINESS ON DECEMBER 31, 2012 | ||
RESPONDENTS
AMENDED NOTICE OF APPLICATION IN CHAMBERS
To: Each Respondent who responds to the within Application in accordance with the directions set out in the Order of this Honourable Court to be sought by the Applicant, YM BioSciences Inc. in connection with the proposed arrangement involving the Applicant and the Respondents
The Applicant requests an Order against you
The Applicant is applying to a judge in chambers for an Order approving an arrangement (the “Arrangement”) involving the Applicant, the Respondents, 3268218 Nova Scotia Limited and Gilead Sciences, Inc. under s. 130 of the Companies Act, R.S.N.S. 1989, c.81, as amended (the “Companies Act”).
The Applicant started this application by filing this notice on the date certified by the Prothonotary.
Grounds for order
The Applicant is applying for the order on the following grounds:
1. Under s. 130 of the Companies Act and s. 3 of the Third Schedule to the Companies Act, a company may apply to the Supreme Court of Nova Scotia for an Order sanctioning an arrangement respecting such company. The Applicant seeks an Order approving the Arrangement.
Evidence supporting application
The Applicant offers the following affidavits in support of the application:
1. Affidavit of an officer of the Applicant to be sworn on or about January 21, 2013, and delivered before the deadlines provided in Civil Procedure Rule 5 – Application; and
2. Such further affidavits as may be delivered prior to the application.
You may participate
You may file with the court a notice of contest, and any affidavits upon which you rely, no more than 5 days after this notice is delivered to you or you are otherwise notified of the application. Filing the notice of contest entitles you to notice of further steps in the application, including notice of further affidavits.
Time, date, and place
The application is to be heard by the judge in Chambers at 9:30 a.m. on Tuesday, February 5, 2013 in The Law Courts, 1815 Upper Water Street, Halifax, Nova Scotia. You have the right to be present and to be represented by counsel or to act on your own. If you are not present, the judge may proceed without you.
Possible order against you
The judge may grant a final order on the application without further notice to you if you fail to deliver your notice of contest on time, or if you or your counsel fail to appear in chambers at the above time, date, and place.
Filing and delivering documents
Any documents you file with the Court must be filed at the office of the Prothonotary, 1815 Upper Water Street, Halifax, Nova Scotia, B3J 1S7 (telephone #424-6900).
When you file a document, you must immediately deliver a copy of it to the Applicant and each other party entitled to notice, unless the document is part of an ex parte motion, the parties agree delivery is not required, or a judge orders it is not required.
Contact information
The Applicant designates the following address:
J. Andrew Fraser
Stewart McKelvey
Purdy’s Wharf Tower One
900 - 1959 Upper Water Street
P.O. Box 997
Halifax NS B3J 2X2
Tel No.: (902) 420.3390
Fax No.: (902) 420.1417
Documents delivered to this address are considered received by the Applicant.
Further contact information is available from the Prothonotary.
Signature
Signed December 21, 2012.
| /s/ J. Andrew Fraser |
| J. Andrew Fraser |
| Stewart McKelvey |
| Barristers & Solicitors |
| Suite 900 - Purdy’s Wharf Tower One |
| Halifax, NS B3J 3N2 |
| Telephone: 902.420.3390 |
| Facsimile: 902.420.1417 |
| Counsel for the Applicant |
Prothonotary’s Certificate
I certify that this Amended Notice of Application was filed with the Court on December 21, 2012.
| /s/ Bonnie Dalton |
| Bonnie Dalton |
| Deputy Prothonotary |