Common use of Authority to Carry on Business Clause in Contracts

Authority to Carry on Business. The Trustee represents to the Company, Parent and Subco that at the date of execution and delivery by it of this Agreement it is authorized to carry on the business of a trust company in each of the Provinces of Canada but if, notwithstanding the provisions of this Section 7.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Exchange Put Right, the Exchange Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event; provided, however, the Trustee shall within 60 days after ceasing to be authorized to carry on the business of a trust company in any Province of Canada, either become so authorized or resign in the manner and with the effect specified in Article 10 hereof.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Pri Automation Inc), Voting and Exchange Trust Agreement (Pri Automation Inc)

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Authority to Carry on Business. The Trustee represents to the CompanyARC, Parent and ARC Subco and/or ARC Resources that at the date of execution and delivery by it of this Agreement it is authorized to carry on the business of a trust company in each of the Provinces of Canada but if, notwithstanding the provisions of this Section 7.146.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Exchange Put Right, the Exchange Right Rights and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Trustee shall shall, within 60 90 days after ceasing to be authorized to carry on the business of a trust company in any Province of Canada, either become so authorized or resign in the manner and with the effect specified in Article 10 hereof9.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Arc Energy Trust)

Authority to Carry on Business. The Trustee represents to the Company, Parent Coeur and Subco Acquisitionco that at the date of execution and delivery by it of this Agreement agreement it is authorized to carry on the business of a trust company in each of the Provinces provinces of Canada but if, notwithstanding the provisions of this Section 7.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement agreement and the Voting Rights, the Exchange Put Right, the Exchange Right and the Automatic Exchange Rights other rights granted in or resulting from the Trustee being a party to this agreement shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Trustee shall shall, within 60 90 days after ceasing to be authorized to carry on the business of a trust company in any Province province of Canada, either become so authorized or resign in the manner and with the effect specified in Article 10 hereof10.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Coeur D Alene Mines Holdings Co)

Authority to Carry on Business. The Trustee represents to the Company, Parent Newmont and Subco Acquisitionco that at the date of execution and delivery by it of this Agreement agreement it is authorized to carry on the business of a trust company in each of the Provinces provinces of Canada but if, notwithstanding the provisions of this Section 7.14(S)7.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement agreement and the Voting Rights, the Exchange Put Right, the Automatic Exchange Right and the Automatic Exchange Rights on Liquidation shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Trustee shall shall, within 60 90 days after ceasing to be authorized to carry on the business of a trust company in any Province province of Canada, either become so authorized or resign in the manner and with the effect specified in Article 10 hereof10.

Appears in 1 contract

Samples: Arrangement Agreement (Newmont Mining Corp /De/)

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Authority to Carry on Business. The Debenture Trustee represents to the Company that, except as disclosed to the Company, Parent and Subco that at the date of execution and delivery by it of this Agreement Debenture Indenture it is authorized to carry on the business of a trust company in each of the Provinces provinces of Canada but if, notwithstanding the provisions of this Section 7.14section, it ceases to be so authorized to carry on business, business the validity and enforceability of this Agreement Debenture Indenture and the Voting Rights, the Exchange Put Right, the Exchange Right and the Automatic Exchange Rights Debentures issued hereunder shall not be affected in any manner whatsoever by reason only of such event; providedevent but the Debenture Trustee shall, however, the Trustee shall within 60 90 days after ceasing to be authorized to carry on the business of a trust company in any Province each of the provinces of Canada, either become so authorized or resign in the manner and with the effect specified in Article 10 hereofsection 14.11.

Appears in 1 contract

Samples: Debenture Indenture (New Gold Inc. /FI)

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