TAX ELECTION INSTRUCTIONS FOR THE DISPOSITION OF AASTRA TECHNOLOGIES LIMITED s COMMON SHARES ( Aastra Shares ) ( TAX PACKAGE )

Transcription

1 TAX ELECTION INSTRUCTIONS FOR THE DISPOSITION OF AASTRA TECHNOLOGIES LIMITED s COMMON SHARES ( Aastra Shares ) ( TAX PACKAGE ) MITEL NETWORKS CORPORATION ( Mitel ) ACQUISITION OF AASTRA TECHNOLOGIES LIMITED ( Aastra ) The tax election process is time sensitive. Your immediate attention to the matters contained herein is suggested. The deadline for providing your information to Mitel is on or before May 1, The information included in this Tax Package is of a general nature only and is not intended to be, nor should it be construed to be, legal, tax or financial advice or a representation to any Aastra Shareholder. Aastra Shareholders should consult their own tax advisors concerning the tax consequences of the Plan of Arrangement having regard to their particular circumstances. All capitalized terms used in this document, not otherwise defined herein, have the meanings set forth in Aastra s Management Information Circular (the Circular ) dated December 11, You are encouraged to carefully review the Circular in its entirety. 1

2 Each Eligible Holder (as defined on page 8 of the circular) is encouraged to obtain professional tax advice regarding its own situation, and in particular determine whether to make a Tax Election in respect of the recently concluded transaction between Mitel and Aastra in accordance with the Plan of Arrangement. An Eligible Holder who receives Mitel Shares pursuant to the Plan of Arrangement may obtain a full or partial Canadian income tax deferral in respect of the disposition of Aastra Shares by filing with the Canada Revenue Agency (the CRA ) (and where applicable, with a provincial or territorial tax authority) a Tax Election made jointly by the Eligible Holder and Mitel pursuant to section 85 of the Income Tax Act (Canada) ( Tax Act ) (and the corresponding provisions of any applicable provincial or territorial tax legislation). All Eligible Holder who wish to make a Tax Election should give their immediate attention to this matter, and in particular should consult their own tax advisors without delay. An Eligible Holder who has not provided Mitel with the information necessary to complete the Tax Election in accordance with the procedures set out in this Tax Package on or before May 1, 2014 cannot be assured of benefiting from the Canadian income tax-deferral provisions pursuant to section 85 of the Tax Act (or corresponding provisions of any applicable provincial or territorial tax legislation). 2

3 Overview Pursuant to the Plan of Arrangement, Mitel and Aastra entered into an agreement whereby Mitel offered to acquire all of the issued and outstanding Aastra Shares (other than Aastra Shares held by Mitel or any affiliate of Mitel) effective on the Effective Date. Aastra Shareholders (other than dissenting shareholders) will receive 3.6 Mitel Shares and a cash payment of U.S.$6.52 for each Aastra Share. Aastra Shareholders should carefully review the Circular including, without limitation, the section Certain Canadian Federal Income Tax Considerations contained on pages 84 to 89 of the Circular, with information for Aastra Resident Shareholders on pages 84 to 87 and information for Aastra Non-Resident Shareholders on pages 88 to 89 of the Circular. The full Circular may be viewed on SEDAR at We have assumed for purposes of this Tax Package that Aastra Shareholders hold their Aastra Shares as capital property for purposes of the Tax Act. Aastra Shareholders who do not hold their Aastra Shares as capital property for purposes of the Tax Act should consult their own tax advisors regarding their particular circumstances. Purpose of the Tax Election In the absence of a valid Tax Election, for Canadian income tax purposes, the Shareholders whose Aastra Shares are exchanged for a combination of cash and Mitel Shares, will be considered to have disposed of those Aastra Shares for proceeds of disposition equal to the aggregate of the cash (including any cash received in lieu of fractional shares) so received and the aggregate fair market value ( FMV ) of the Mitel Shares so acquired by such Shareholder. As a result, the Shareholder will generally realize a capital gain (or capital loss) to the extent such proceeds of disposition, net of any reasonable costs of disposition, are greater (or are less) than the aggregate adjusted cost base ( ACB ) of the Shareholder s Aastra Shares immediately before the exchange. A Shareholder who meets the conditions to qualify as an Eligible Holder may choose to make a Tax Election pursuant to section 85 of the Tax Act (and corresponding provisions of any applicable provincial or territorial legislation) in order to defer all or a portion of the capital gain that would normally arise and be subject to Canadian income tax. See the discussion in the Circular under the heading Certain Canadian and Federal Income Tax Considerations Resident Shareholders. Making the Tax Election is at the discretion of each Eligible Holder and it is up to each Eligible Holder to consider whether filing the Tax Election is in their best interests. Eligible Holders are urged to consult their own tax advisors to determine whether they should make the Tax Election. 3

4 Tax Election In order to have section 85 of the Tax Act apply to defer all or a portion of any accrued capital gain on the disposition of Aastra Shares, the Tax Act requires that a joint Tax Election be filed by the holder of the Aastra Shares that is an Eligible Holder (also referred to as the transferor) and Mitel (also referred to as the transferee) within the time period prescribed and in the form prescribed by the Tax Act. For Eligible Holders that are individuals, trusts, or corporations, the prescribed federal Tax Election form is T Election on Disposition of Property by a Taxpayer to a Taxable Canadian Corporation ( T2057 ). For Eligible Holders that are partnerships, the prescribed federal Tax Election form is T Election on Disposition of Property by a Partnership to a Taxable Canadian Corporation ( T2058 ). Other provincial or territorial Tax Election forms may be required. The relevant Tax Election form is to be completed in part by the Eligible Holder and in part, by Mitel. Although Mitel must be a party to the Tax Election, determining the Elected Amount (the amount of the proceeds of disposition at which the disposition of the Aastra Shares is deemed to occur for Canadian tax purposes) is the sole responsibility of each Eligible Holder (within the limits provided for under section 85 of the Tax Act or corresponding provisions of any applicable provincial or territorial tax legislation). In general, subject to the detailed rules in section 85 of the Tax Act, Eligible Holders who wish to fully defer the recognition of a capital gain will generally elect at an agreed amount equal to the aggregate ACB of the Aastra Shares immediately before the exchange and any reasonable costs of disposition. These instructions are of a general nature only and are not intended to be, nor should they be construed to be, legal, tax or financial advice to any particular Aastra Shareholder. Furthermore, Mitel and Aastra have not provided, and will not provide, Aastra Shareholders with any legal, tax or financial advice respecting the joint Tax Election or the manner of its completion, execution or filing by virtue of the following instructions. Accordingly, Aastra Shareholders are urged to consult with their own legal, tax and financial advisors to obtain advice in respect of making the joint Tax Election and the proper completion, execution and filing of the required Tax Election forms, having regard to their own particular circumstances. Aastra Shareholders are also urged to consult their own tax advisors with respect to the requirements of any applicable provisions of any provincial or territorial tax legislation analogous to section 85 of the Tax Act. Mitel and Aastra strongly recommend that each Aastra Shareholder review the applicable Tax Election forms and instructions carefully and consult their tax advisors respecting their proper completion, execution and filing with the relevant taxing authorities. For further information, Eligible Holders may wish to review Information Circular 76-19R3, Transfer of Property to a Corporation under Section 85 and Interpretation Bulletin IT-291R3, Transfer of Property to a Corporation 4

5 under Subsection 85(1), issued by the CRA and available on their website. In addition, if applicable to the Eligible Holder, for information about the joint Tax Election under the Taxation Act (Québec), Eligible Holders may also wish to review Interpretation Revenu Québec Bulletin IMP /R, Disposition of Property to a Taxable Canadian Corporation: Due Date for Filing the Prescribed Form and Penalties, and IMP /R1, Disposition of Property to a Taxable Canadian Corporation: General Rules Concerning Tax-Deferred Transfers. By accessing the Mitel website or Eligible Holders of Aastra may complete the Tax Election online. Given the complexity of completing these Tax Election forms, Mitel and Aastra will only permit the use of the webbased process. Process for Completing the Tax Election Each Eligible Holder who chooses to make a Tax Election is solely responsible for ensuring the prescribed federal Tax Election form (and prescribed provincial or territorial Tax Election forms, as required), are completed and filed on a timely basis. With the exception of execution of the Tax Election form by Mitel, compliance with the requirements for a valid Tax Election will be the sole responsibility of the Eligible Holder making the Tax Election. Neither Mitel nor Aastra will be responsible for any loss, damages, expenses or Taxes resulting from the failure by anyone to properly complete the Tax Election form or to properly file it within the time and in the form prescribed under the Tax Act (and any applicable provincial or territorial tax legislation). The following are the key steps and deadlines with respect to making the Tax Election. Step 1.Preparing the Tax Election form Each Eligible Holder wishing to defer all or a portion of any accrued capital gain on their Aastra Shares should complete the web based election process. Web Based Process Eligible Holders can go to the secure website set up specifically for this election process. This website is referred to as the Section 85 Election Assistant throughout this document and will be accessible from February 14, 2014 until May 1, 2014 at Eligible Holders will be required to answer a few questions, agree to the Terms & Conditions of Use and the Section 85 Election Assistant will perform a number of calculations and provide a final page of all the entered and calculated information for review. Prior to submitting the requested information, a unique transaction ID will be provided that will be necessary if an Eligible Holder needs to contact the Technical Assistance Help Line. 5

6 Step 2.Execution of the Tax Election Form by Mitel and Delivery of the Tax Election Form to Eligible Holder After receiving the Web Based Process information from the Eligible Holder, Mitel will prepare a federal Tax Election form and any applicable provincial or territorial Tax Election form using the Section 85 Election Assistant. Mitel will execute and return the applicable Tax Election forms to the Eligible Holder for filing with the CRA and where applicable, the appropriate provincial or territorial tax authorities. Any Web Based Process information not in compliance with the Tax Act (or any applicable provincial or territorial tax legislation) will be returned to the Eligible Holder for correction. It is Mitel s intention to provide the Tax Election forms via only, unless the Eligible Holder specifically requests a hard copy of the completed Tax Election. Step 3.Filing of the Tax Election Form by the Eligible Holder with the CRA (and any Applicable Provincial or Territorial Tax Authority) Each Eligible Holder is solely responsible for ensuring that the Tax Election form is completed correctly and filed with the CRA (and any applicable provincial or territorial tax authority) by the applicable deadline (see page 7 of this Tax Package for a discussion on applicable deadlines and page 9 of this Tax Package for the relevant addresses). The Eligible Holder will be solely responsible and liable for any loss, damages, expenses or Taxes resulting from the failure by the Eligible Holder to properly complete or file a Tax Election form in the form and manner and within the time prescribed by the Tax Act (and any applicable provincial or territorial tax legislation). Although Mitel is assisting the Eligible Holder in completing the Tax Election form, the responsibility for correctly completing the Tax Election form rests solely with the Eligible Holder and the Eligible Holder should review the Tax Election form in its entirety to ensure the Eligible Holder agrees with all information and calculations on the Tax Election form. Key Information Special Purpose Website: The website will be available from February 14, 2014 until May 1, Technical Assistance Help Line: From February 14, 2014 until May 1, 2014 the Help Line will be in operation from 8:30 AM to 5:00 PM (Eastern Time) Monday to Friday, other than statutory holidays. A voice mail box will be available to leave messages during busy times and when calling outside of the hours noted above. In order to access the Help Line, Eligible Holders will require a transaction ID and will need to have signed 6

7 Deadlines off on the Terms & Conditions of Use. Otherwise, the Help Line staff will only be able to provide Eligible Holders with a copy of this Tax Package. The deadline for receipt by Mitel of the Web Based Process information: - May 1, Deadline for filing Tax Election Form with the CRA (and any applicable provincial or territorial tax authorities): To avoid late filing penalties, an Eligible Holder who makes a Tax Election under section 85 of the Tax Act must ensure that the Eligible Holder s Tax Election form is received by the CRA on or before the day that is the earliest of the days on which either Mitel or the Eligible Holder is required to file an income tax return for the taxation year in which the disposition of the Aastra Shares occurred. The Plan of Arrangement became effective and the disposition of the Aastra Shares occurred on January 31, Individuals (including trusts) will generally have to file the Tax Election Form on or before their regular filing deadline of April 30, Mitel s 2014 taxation year ended on the Effective Date, and its corporate income tax return is required to be filed within six months from the end of that taxation year. Eligible Holders are urged to consult their own tax advisors as soon as possible respecting the applicable deadline under the Tax Act and any applicable provincial or territorial tax legislation for filing the Tax Elections in their own particular circumstances. However, regardless of such deadlines, information necessary for an Eligible Holder to make a Tax Election must be received by Mitel no later than May 1, Procedure for Completing Prescribed Form T2057 These instructions are of a general nature only and are not intended to be, nor should they be construed to be, legal, tax or financial advice to any particular Aastra Shareholder concerning the Tax Election or the Tax Election procedure. Further, apart from providing these materials to Eligible Holders for their convenience, neither Mitel nor Aastra will provide Eligible Holders with any advice on making, executing and filing the Tax Election. Accordingly, Eligible Holders should consult their own tax advisors for all tax advice in respect of whether to make a Tax Election, making, executing and filing the Tax Election and complying with the Tax Election procedure having regard to their own particular circumstances. 7

8 In some provinces or territories, in order to achieve a deferral of tax on the accrued capital gain on the disposition of Aastra Shares, similar to that resulting from the federal Tax Election, it may be necessary to file a separate copy of the federal Tax Election form or a separate provincial or territorial Tax Election form analogous to the federal Tax Election form with the taxing authority of such province or territory. Mitel will also make such a provincial or territorial Tax Election with an Eligible Holder under the same conditions that it is willing to make the federal Tax Election. Eligible Holders are solely responsible for determining whether any such separate provincial or territorial Tax Election is applicable and appropriate in their circumstances. Mitel will assume that any representative that signs the Tax Election on behalf of a corporation, trust or estate has been duly authorized to do so, and will not take any action to verify the validity of any such authorization. Eligible Holders that are corporations, trusts or estates should consult their own legal advisors in determining whether such authorization has been properly given. Estimate of FMV The FMV of the Aastra Shares disposed of and the Mitel Shares received must be determined on a reasonable basis. There is no specific method prescribed by the CRA for determining the FMV of a share, nor is there any clear published guidance in this respect. The FMV of the Aastra Shares should be equal to the aggregate of the cash (including any cash received in lieu of fractional Mitel Shares) received plus the FMV of the Mitel Shares so acquired by the Eligible Holder. The FMV of a Mitel Share means the Fair Market Value ascribed to the Mitel Shares as defined in the Plan of Arrangement (i.e., pursuant to the Plan of Arrangement, the FMV of a Mitel Share before the Effective Date means the amount that is the volume-weighted average price of the Mitel Networks Corporation share on the NASDAQ for the five day period immediately preceding the Effective Date. The Section 85 Election Assistant tool will automatically compute the FMV of the Mitel shares and cash received based on the number of Aastra shares held by the Eligible Holder and will automatically fill in the FMV of the Aastra Shares and FMV of the Mitel Shares on the election form. 8

9 Submitting Tax Election Forms Please note that the CRA and Revenu Québec (where applicable) have instructed that all Tax Elections with respect to this transaction should be filed at: Federal Tax Election Canada Revenue Agency Tax Centre th Avenue Shawinigan-Sud, QC G9N 7S6 Quebec Tax Election (where applicable) Revenu Québec 3800, rue de Marly Québec (Québec) G1X 4A5 Attn: Corporate Returns, SER Unit Attn: M. Richard Robitaille Secteur 319 Completing Tax Election Form The following section illustrates the information required to be provided by an Eligible Holder completing the Tax Election form (Form T2057). The completion of any federal, provincial or territorial Tax Election forms will be the sole responsibility of Eligible Holders. Eligible Holders should consult their own tax advisors regarding the completion of any federal, provincial or territorial Tax Election forms. Do not write the required information on these instructions. 9

10 Page 1 of Form T2057 Provide the information in this first box for the Eligible Holder making the election: Name of Taxpayer (transferor) (print) Social Insurance or Corporate Account Number/Business Number Address Postal Code Taxation Year of taxpayer for the period from Year Month Day to Year Month Day Tax Services Office The taxation year for individuals is generally January 1, 2014 to December 31, Eligible Holders who are not individuals should consult their own tax advisors regarding the applicable taxation year in their particular circumstances. Provide the information in this box regarding co-owners if the Aastra Shares are held in joint ownership; otherwise enter "N/A" Name of Co-Owner(s), if any, (if more than one, attach schedule in like Social Insurance Number detail Address Postal Code Tax Services Office Mitel will complete the next section as follows: Name of Corporation (Transferee) Account Number/Business Number Mitel Networks Corporation RC0001 Address Postal Code Tax Services Office 350 Legget Drive, PO Box 13089, Ottawa, ON K2K 2W7 Shawinigan-Sud Taxation Year of Corporation May 01, 2013 to January 31, 2014 Complete the next section, by providing the Eligible Holder s name and telephone number or, if appropriate, the name and telephone number of the representative (Please note, Mitel or Aastra will not act as the contact person for any Eligible Holder): Name of Persons to Contact for Additional Information Area Code Telephone Number The last section of page 1 of Form T2057 relates to late filed elections and is for Eligible Holders whose elections will be filed late. 10

11 Page 2 of Form T2057 Mitel will complete the answers to the first five questions as follows: 1 Is there a written agreement relating to this transfer?... x Yes No 2 Does a price adjustment clause apply to any of the properties? (See the Interpretation Bulletin IT-169 for details) Yes x No 3 Do any persons other than the taxpayer own or control directly or indirectly any shares of any class of the transferee?... x Yes No 4 Does a non-arm s length rollover exist between 2 or more corporations?... Yes x No a) Have all or substantially all (90% or more) of all the properties of the corporation(s) been transferred to the transferee corporation?... Yes N/A No 5 Is the taxpayer a non-resident of Canada?... Yes x No Eligible Holders should answer the following questions based on their particular circumstances. A Non-Resident Holder will generally not be subject to tax under the Tax Act on the disposition of Aastra Shares unless the Aastra Shares constitute taxable Canadian property of the Non-Resident Shareholder for the purposes of the Tax Act and the Non-Resident Shareholder is not entitled to relief under an applicable income tax treaty or convention. See the discussion in the Circular under the heading Certain Canadian Federal Income Tax Considerations Non-Resident Holders. 6 Are any of the properties transferred capital properties?... No Yes If Yes, Whether the Aastra Shares are capital properties for purposes of the Tax Act to a particular Eligible Holder is a question of fact and law that must be determined by each Eligible Holder based on consideration of all the relevant facts and circumstances. See discussion on pages 84 to 89 of the Circular in section Certain Canadian Federal Income Tax Considerations for more information. Aastra Shareholders are solely responsible for determining whether their Aastra Shares are capital properties for purposes of the Tax Act and are urged to consult with their own tax advisors to determine whether the Aastra Shareholder holds their Aastra Shares as capital properties based on its particular circumstances. (a) have they been owned continuously since Valuation Day (V-Day Dec 31,1971)?... Yes xno (b) have they been acquired after V-Day in a transaction considered not to be at arm's length?... Yes No Eligible Holders who hold their Aastra Shares as capital property and acquired their Aastra Shares in an arm's length transaction for purposes of the Tax Act should check "No". (c) since V-Day, has the taxpayer or any person from whom shares were acquired in a non-arm's length transaction received any subsection 83(1) dividends with respect to the 11

12 shares transferred? (if yes, provide details of amounts and dates received and attach as a schedule)... Yes xno 7 - Is the agreed amount of any of the properties transferred based on an estimate of the fair market value on V-Day?... Yes xno a) If "Yes" does a formal documented V-Day value report exist? Yes N/A No 8 - Has an election under subsection 26(7) of the Income Tax Act Application Rules (form T2076) been filed by or on behalf of the taxpayer?... Yes xno The next section is not applicable and therefore Mitel will complete the next section as follows: Where shares of the capital stock of a private corporation are included in the property disposed of, provide the following: Name of Corporation (print) Account Number/Business Number N/A N/A N/A Paid-up capital of shares transferred Eligible Holders must complete the information in the blank box in the next section, as follows: Number of Shares Transferor Received Class of Shares Redemption Value Per Share Common N/A Per subsection 85(2.1) Paid-Up Capital Voting or Non-Voting Are Shares Retractable? Voting Yes X No Enter the number of Mitel Shares received by the Eligible Holder in exchange for its Aastra Shares. 12

13 Page 3 of Form T2057 Mitel will complete this section as follows: Date of sale or transfer of all properties listed below: Year Month Day In general, the Section 85 Election Assistant will complete the information in this section according to the information provided and in a manner that is consistent with the more detailed instructions below. Property Disposed of Agreed Consideration Received Elected Amount Limits Amount Non-share Share (cannot be Amount to be Fair Market Fair Market less than reported B-A Number and Value of Total Description Value A zero) B if greater than 0 Description Class consideration (Brief Legal) (1) $ (2) $ (3) $ (4) $ (5) (6) (7) $ (8) Capital Property Excluding Depreciable Property Complete this section if the Aastra shares are capital property to the Eligible Holder; if the Aastra Shares are inventory to the Eligible Holder, complete the section with the sidebar entitled "Inventory Excluding Real Property" in a similar manner. (1) Enter the number of Aastra Shares disposed of pursuant to the Plan of Arrangement, followed by the description Aastra Shares : (2) Enter the total FMV of the Aastra Shares disposed of pursuant to the Plan of Arrangement. Please see pages 8 and 9 of this Tax Package for a discussion of the measurement of FMV of the Aastra Shares and New Mitel Shares, and the recommended FMV per share. (3) If the Aastra Shares are capital properties to the Eligible Holder, for purposes of the Tax Act enter the ACB of the Aastra Shares disposed of immediately before the disposition of Aastra Shares under the Plan of Arrangement. Eligible Holders who do not hold their Aastra Shares as capital properties should consult with their own tax advisors to determine the amount to be entered in this section. Eligible Holders should also consult their tax advisors with respect to the amount of ACB of their Aastra Shares and any other questions they may have regarding this aspect of the Tax Election. Neither Mitel nor Aastra will provide assistance in determining a specific Eligible Holder s ACB or any other relevant amount to be entered in this section outside of the general information already provided through the Section 85 Election Assistant. 13

14 (4) In general, subject to the detailed rules in section 85 of the Tax Act, Eligible Holders who wish to fully defer the recognition of a capital gain will generally elect at an agreed amount equal to the aggregate ACB of the Aastra Shares immediately before the exchange and any reasonable costs of disposition. However, Eligible Holders are strongly encouraged to consult their own tax advisors regarding the determination of the agreed amount in respect of their Aastra Shares having regard to their particular circumstances. (5) Enter amount of difference (B A), if greater than $0. (6) Under the terms of the Circular, Mitel will not issue a fractional Mitel Share in connection with the exchange of Aastra Shares and Aastra Shareholders will receive a cash payment in lieu of such fractional share. If the aggregate number of Mitel Shares to be issued to a Shareholder as consideration under the Arrangement would result in a fraction of a Mitel Share being issuable, then the number of Mitel Shares to be issued to such Shareholder shall be rounded down to the closest whole number and, in lieu of the issuance of a fractional Mitel Share thereof, Mitel will pay to each such holder a cash payment (rounded up to the nearest cent) determined by reference to the volume weighted average trading price of Mitel Shares on the NASDAQ for the five trading days on which such shares trade on the NASDAQ immediately preceding the Effective Date. If the aggregate cash amount which a Shareholder is entitled to receive would otherwise include a fraction of $0.01, then the aggregate cash amount to which such Shareholder shall be entitled to receive shall be rounded up to the nearest whole $0.01. (7) Each Aastra Shareholder otherwise entitled to a fractional interest in a Mitel Share will receive the nearest whole number of Mitel Shares, with such number of shares rounded down to the next whole New Mitel Share, and such former Aastra Shareholder shall receive a cash payment in lieu of such fractional share as described in note 6 above. (8) Enter the total FMV of the Mitel Shares and the aggregate cash consideration received by Eligible Holder in exchange for Aastra Shares. Please see pages 8 and 9 of this Tax Package for a discussion on the measurement of FMV of Aastra Shares and Mitel Shares, and the recommended FMV per share. Although Mitel will not review the contents of the federal, provincial or territorial Tax Election for accuracy, where Mitel receives a federal, provincial or territorial Tax Election form and the agreed amounts do not appear to comply with the limitations set forth in section 85 of the Tax Act (or corresponding provisions of any applicable 14

15 provincial or territorial tax election), the federal, provincial or territorial Tax Election form may be returned to the Eligible Holder without being executed. The Eligible Holder must sign in the last box as indicated: ELECTION AND CERTIFICATION The taxpayer and corporation hereby jointly elect under subsection 85(1) in respect of the property specified, and certify that the information given in this election, and in any documents attached, is to the best of their knowledge, correct and complete. Signature of Transferor of Authorized Officer or Authorized Person* * attach a copy of an authorizing agreement Signature of Authorized Officer or Transferee Date Eligible Holder should sign here. An authorized officer of Mitel will sign on this line. An authorized officer of Mitel will insert the appropriate date at the time of execution. Completion of Federal Tax Election Form T2058 and/or Any Applicable Provincial or Territorial Tax Election Forms Eligible Holders completing federal Tax Election form T2058 and/or any applicable provincial or territorial Tax Election forms (such as TP-518V or TP-529V for Quebec tax purposes) may refer to the instructions set out above, although the order of presentation of the information on the other Tax Elections forms may differ from that of form T2057 and some of the required information may be different. 15