Common use of Authority to Carry on Business Clause in Contracts

Authority to Carry on Business. The Trustee represents to TMW, Canco and MG 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 7.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights shall not be affected in any manner whatsoever by reason only of such event; provided, however, the 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 X hereof.

Appears in 2 contracts

Samples: Voting Trust Agreement (Mens Wearhouse Inc), Combination Agreement (Mens Wearhouse Inc)

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Authority to Carry on Business. The Trustee represents to TMW, Canco Parent and MG the Holders 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 7.148.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights shall not be affected in any manner whatsoever by reason only of such event; provided, however, the Trustee shall, shall within 90 60 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 X 11 hereof.

Appears in 2 contracts

Samples: Exchange and Voting Trust Agreement (Worldpages Com Inc), Exchange and Voting Trust Agreement (Worldpages Com Inc)

Authority to Carry on Business. The Trustee represents to TMW, Canco and MG the Company that at the date of execution and delivery by it of this Agreement Indenture it is authorized to carry on the business of a trust company in the Province province of Ontario but if, notwithstanding the provisions of this Section 7.1415.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement Indenture and the Voting Rights securities issued hereunder shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in the Province province of Ontario, either become so authorized or resign in the manner and with the effect specified in Article X hereofSection 15.2.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Authority to Carry on Business. The Trustee represents to TMW, Canco the Corporation and MG 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 7.144.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement agreement and the Voting 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 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 X 7 hereof.

Appears in 2 contracts

Samples: Exchange Trust Agreement, Exchange Trust Agreement (Accenture LTD)

Authority to Carry on Business. The Debenture Trustee represents to TMW, Canco and MG the Corporation that at the date of execution and delivery by it of this Agreement Indenture 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 7.1415.5, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement Indenture and the Voting Rights securities issued hereunder shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Debenture 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 X hereofSection 15.3.

Appears in 1 contract

Samples: Zarlink Semiconductor Inc

Authority to Carry on Business. The Trustee represents to TMW, Canco Company and MG Parent 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 7.14section 6.16, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Exchange 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, 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 X hereof9.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Photon Dynamics Inc)

Authority to Carry on Business. The Debenture Trustee represents to TMW, Canco and MG the Company that at the date of execution and delivery by it of this Agreement Indenture it is authorized to carry on the business of a trust company in the Province Provinces and Territories of Ontario Canada, but if, notwithstanding the provisions of this Section 7.1414.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement Indenture and the Voting Rights securities issued hereunder shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Debenture 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 X hereofSection 14.2.

Appears in 1 contract

Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)

Authority to Carry on Business. The Trustee represents to TMW, Canco and MG the Corporation that at the date of execution and delivery by it of this Agreement Indenture, 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 7.14section, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement Indenture and the Voting Rights Debentures issued hereunder shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the 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 X hereofsection 12.12.

Appears in 1 contract

Samples: MDC Partners Inc

Authority to Carry on Business. The Trustee represents to TMW, Canco the Corporation and MG 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 section 7.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement trust agreement and the Voting Rights, the Exchange Right 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, 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 X hereof10.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Learning Co Inc)

Authority to Carry on Business. The Voting Trustee represents to TMW, Canco the Parent and MG Exchangeco 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 7.14section 8.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Exchange Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Voting Trustee shall, within 90 ninety (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 X hereof10.

Appears in 1 contract

Samples: Exchange and Voting Trust Agreement (Peress Sass)

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Authority to Carry on Business. The Trustee represents to TMW, Canco ServiceSoft Canada and MG ServiceSoft 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 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 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, 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 X hereof10 of this Agreement.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Servicesoft Technologies Inc)

Authority to Carry on Business. The Trustee represents to TMW, Canco and MG the Corporation that at the date of execution and delivery by it of this Agreement Indenture, 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 7.14section, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement Indenture and the Voting Rights Debentures issued hereunder shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the 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 manner/and with the effect specified in Article X hereofsection 12.12.

Appears in 1 contract

Samples: Certicom Corp

Authority to Carry on Business. The Trustee represents to TMW, Canco and MG the Issuer that at the date of execution and delivery by it of this Agreement Indenture it is authorized to carry on the business of a trust company in the Province provinces of Ontario and Alberta but if, notwithstanding the provisions of this Section 7.1411.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement Indenture and the Voting Rights securities issued hereunder shall not be affected in any manner whatsoever by reason only of such event; provided, however, event but the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in either of the Province provinces of OntarioOntario or Alberta, either become so authorized or resign in the manner and with the effect specified in Article X hereofSection 11.2.

Appears in 1 contract

Samples: Trust Indenture (Ascend Wellness Holdings, Inc.)

Authority to Carry on Business. The Trustee represents to TMWthe Corporation, Canco Swissco and MG 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 section 7.14, it ceases to be so authorized to carry on business, the validity validly and enforceability of this Agreement trust agreement and the Voting Rights, the Exchange Right 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, 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 X hereof10.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Silicon Graphics Inc /Ca/)

Authority to Carry on Business. The Trustee represents to TMW, Canco Cableshare and MG Source 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 section 7.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement trust agreement and the Voting Rights, the Exchange Right 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, 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 X hereof.10. 7.15

Appears in 1 contract

Samples: Trust Agreement (Source Media Inc)

Authority to Carry on Business. The Trustee represents to TMW, Canco the Corporation and MG BackWeb 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 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 Right 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, 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 X hereof10 of this Agreement.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Backweb Technologies LTD)

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