Common use of Authority to Carry on Business Clause in Contracts

Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo 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 6.14, 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 but the Trustee shall, within 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 9.

Appears in 4 contracts

Samples: Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (SimplePons, Inc.), Voting and Exchange Trust Agreement (Quinko-Tek International, Inc.)

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Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo WSI and CERI 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 6.147.13, 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 Right, the Automatic Exchange Rights Right and the Exchange Put Right shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 910.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Capital Environmental Resource Inc), Voting and Exchange Trust Agreement (Waste Services, Inc.)

Authority to Carry on Business. The Trustee represents to USCoBowater, CallCo and/or AcquisitionCo Bowater Holdings and Bowater Canada 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 each of the Provinces of Canada Ontario and Québec but if, notwithstanding the provisions of this Section 6.14section 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 Rights Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in any the Province of CanadaD-15 Ontario or the Province of Québec, either become so authorized or resign in the manner and with the effect specified in Article 910.

Appears in 1 contract

Samples: Merger Agreement (Bowater Inc)

Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo Goldstrike and the Corporation 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 the provinces of the Provinces of Canada British Columbia and Alberta, but if, notwithstanding the provisions of this Section 6.149.10, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Insolvency Exchange Rights Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 9Section 9.14.

Appears in 1 contract

Samples: Voting Exchange and Support Agreement (Goldstrike Inc)

Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo Shire and ExchangeCo 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 each of the Provinces of Canada but if, notwithstanding the provisions of this Section 6.14, 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 Rights Right and the Automatic Exchange Rights Right shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 9.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Shire Pharmaceuticals Group PLC)

Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo NPS and NPS - Allelix Inc. 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 6.14section 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 Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 910.

Appears in 1 contract

Samples: Arrangement Agreement (NPS Pharmaceuticals Inc)

Authority to Carry on Business. The Trustee represents to USCoHarvest Energy Trust, CallCo ExchangeCo and/or AcquisitionCo Harvest 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 6.14, 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 but the Trustee shall, within 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 9.

Appears in 1 contract

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

Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo AMVESCAP and 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 each of the Provinces provinces of Canada but if, notwithstanding the provisions of this Section 6.148.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Automatic Exchange Rights Right and the Automatic Exchange Rights on Liquidation shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 911.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Amvescap PLC/London/)

Authority to Carry on Business. The Trustee represents to USCoVivendi, CallCo and/or AcquisitionCo and Vivendi 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 each of the Provinces of Canada but if, notwithstanding the provisions of this Section 6.14section 5.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Exchange Rights Right and the Automatic Exchange Rights Right shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 98.

Appears in 1 contract

Samples: Exchange Trust Agreement (Seagram Co LTD)

Authority to Carry on Business. The Trustee represents to USCothe Company, CallCo and/or AcquisitionCo Holdco, Parentco and Amdocs 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 all the Provinces provinces of Canada but if, notwithstanding the provisions of this Section 6.147.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Exchange Rights Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 9.in

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Amdocs LTD)

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Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo Newmont and New Exchangeco 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 6.147.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement agreement and the Voting Rights, the Automatic Exchange Rights Right and the Automatic Exchange Rights on Liquidation shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 910.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Newmont Mining Corp /De/)

Authority to Carry on Business. The Trustee represents to USCo, CallCo and/or AcquisitionCo Acquiror and Canco 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 6.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Exchange Rights Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 910.

Appears in 1 contract

Samples: Acquisition Agreement (Nabors Industries Inc)

Authority to Carry on Business. The Trustee represents to USCoAdvantage Trust, CallCo ExchangeCo and/or AcquisitionCo AOG 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 6.14, 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 but the Trustee shall, within 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 9.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Advantage Energy Income Fund)

Authority to Carry on Business. The Trustee represents to USCoSpinco, CallCo and/or AcquisitionCo Newco Canada and Newco Canada 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 each of the Provinces of Canada but if, notwithstanding the provisions of this Section 6.14section 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 Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 910.

Appears in 1 contract

Samples: Transaction Agreement (Domtar CORP)

Authority to Carry on Business. The Trustee represents to USCoSpinco, CallCo and/or AcquisitionCo Newco Canada and Newco Canada 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 each of the Provinces of Canada but if, notwithstanding the provisions of this Section 6.14section 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 Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 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 9.10. Table of Contents

Appears in 1 contract

Samples: Transaction Agreement (Weyerhaeuser Co)

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