Common use of Authority to Carry on Business Clause in Contracts

Authority to Carry on Business. The Indenture Trustee represents to the Trust and/or TCPL 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 the Province of Ontario but if, notwithstanding the provisions of this Section 5.13, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement, and the other rights granted in or resulting from the Indenture Trustee being a party to this Agreement, shall not be affected in any manner whatsoever by reason only of such event, but the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article 8.

Appears in 9 contracts

Samples: Assignment and Set Off Agreement (TransCanada Trust), Assignment and Set Off Agreement (TransCanada Trust), Assignment and Set Off Agreement (Transcanada Pipelines LTD)

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Authority to Carry on Business. The Indenture Exchange Trustee represents to the Trust and/or TCPL 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 the Province of Ontario but if, notwithstanding the provisions of this Section 5.136.13, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement, and the other rights granted in or resulting from the Indenture Exchange Trustee being a party to this Agreement, shall not be affected in any manner whatsoever by reason only of such event, but the Indenture Exchange Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article 89.

Appears in 9 contracts

Samples: Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (TransCanada Trust), Share Exchange Agreement (Transcanada Pipelines LTD)

Authority to Carry on Business. The Indenture Trustee represents to the Trust and/or TCPL that, RVI Sub and RVI 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 the Province of Ontario but if, notwithstanding the provisions of this Section 5.137.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement, agreement and the other rights granted in or resulting from Voting Rights, the Indenture Trustee being a party to this AgreementExchange 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, but however, the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article 810 hereof.

Appears in 3 contracts

Samples: Voting and Exchange Trust Agreement (Rubincon Ventures Inc), Voting and Exchange Trust Agreement (API Nanotronics Corp.), Voting and Exchange Trust Agreement (Rubincon Ventures Inc)

Authority to Carry on Business. The Indenture Trustee represents to the Trust and/or TCPL thatCorporation, Dutchco and the Parent 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 the Province of Quebec and the Province of Ontario but if, notwithstanding the provisions of this Section 5.13section 8.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement, the Covenants, the Voting Rights, the Exchange Right and the other rights granted in or resulting from the Indenture Trustee being a party to this Agreement, Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event, event but the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province of Quebec and in the Province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article 811.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Autodesk Inc), Voting and Exchange Trust Agreement (Discreet Logic Inc)

Authority to Carry on Business. The Indenture Trustee represents to the Trust and/or TCPL that, Corporation and the Parent that at the date of execution and delivery by it of this Agreement, trust agreement it is authorized to carry on the business of a trust company in the Province of Ontario but if, notwithstanding the provisions of this Section 5.13section 7.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreementtrust agreement and the Voting Rights, the Exchange Right and the other rights granted in or resulting from the Indenture Trustee being a party to this Agreement, trust agreement shall not be affected in any manner whatsoever by reason only of such event, event but the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article 810 hereof.

Appears in 2 contracts

Samples: Combination Agreement (Electronic Retailing Systems International Inc), Voting, Support and Exchange Trust Agreement (Smithfield Foods Inc)

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Authority to Carry on Business. The Indenture Trustee represents to the Trust and/or TCPL that, Corporation and ParentCo 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 the Province of Ontario but if, notwithstanding the provisions of this Section 5.138.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement, agreement and the other rights granted in or resulting from Voting Rights, the Indenture Trustee being a party to this Agreementescrow provisions, 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, but however, the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article 811 hereof.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Conexant Systems Inc)

Authority to Carry on Business. The Indenture Trustee represents to the Trust and/or TCPL that, Corporation and IBM that at the date of execution and delivery by it of this Agreement, trust agreement it is authorized to carry on the business of a trust company in the Province of Ontario but if, notwithstanding the provisions of this Section 5.135.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement, trust agreement and the Exchange Right and the other rights granted in or resulting from the Indenture Trustee being a party to this Agreement, trust agreement shall not be affected in any manner whatsoever by reason only of such event, event but the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article 88 hereof.

Appears in 1 contract

Samples: Exchange Trust Agreement (International Business Machines Corp)

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