Common use of Authority to Carry on Business Clause in Contracts

Authority to Carry on Business. The Trustee represents to 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 the provinces of British Columbia and Alberta, but if, notwithstanding the provisions of this Section 9.10, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Insolvency Exchange 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 Section 9.14.

Appears in 1 contract

Samples: Voting Exchange and Support Agreement (Goldstrike Inc)

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Authority to Carry on Business. The Trustee represents to Goldstrike Jaws Canada and the Corporation Jaws US 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 provinces Province of British Columbia and Alberta, Alberta but if, notwithstanding the provisions of this Section 9.107.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Insolvency 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 but event; provided, however, the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in any province the Province of CanadaAlberta, either become so authorized or resign in the manner and with the effect specified in Section 9.14Article 10 hereof.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Jaws Technologies Inc /Ny)

Authority to Carry on Business. The Trustee represents to Goldstrike Bowater, Bowater Holdings and the Corporation 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 the provinces Provinces of British Columbia Ontario and Alberta, Québec but if, notwithstanding the provisions of this Section 9.10section 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 Insolvency Exchange 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 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 Section 9.14Article 10.

Appears in 1 contract

Samples: Memorandum of Agreement (Bowater Inc)

Authority to Carry on Business. The Trustee represents to Goldstrike Services and the Corporation that Weatxxxxxxx xxxt 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 provinces Province of British Columbia and Alberta, Alberta but if, notwithstanding the provisions of this Section 9.107(n), it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement agreement and the Voting Rights, the Insolvency 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 but the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in any province the Province of CanadaAlberta, either become so authorized or resign in the manner and with the effect specified in Section 9.14Article 10 hereof.

Appears in 1 contract

Samples: Combination Agreement (Weatherford International Inc /New/)

Authority to Carry on Business. The Trustee represents to Goldstrike and the Corporation StarPoint Energy Trust, ExchangeCo and/or AmalgamationCo 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 provinces Province of British Columbia and Alberta, Alberta but if, notwithstanding the provisions of this Section 9.106.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement and the Voting Rights, the Insolvency Exchange Right 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 the Province of CanadaAlberta, either become so authorized or resign in the manner and with the effect specified in Section 9.14Article 9.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Canetic Resources Trust)

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Authority to Carry on Business. The Trustee represents to Goldstrike each of the Corporations and the Corporation each Holder that at the date of execution and delivery by it of this Agreement Trust Indenture it is authorized to carry on the business of a trust company in the provinces Province of British Columbia and Alberta, but if. If, notwithstanding the provisions of this Section 9.1010.13 but subject to Section 10.14, it the Trustee ceases to be so authorized to carry on business, the validity and enforceability of this Agreement Trust Indenture and the Voting Rights, the Insolvency Exchange Right and the Automatic Exchange Rights Licenses issued hereunder shall not be affected in any manner whatsoever by reason only of such event event, but the Trustee shall, within 90 60 days after ceasing to be authorized to carry on the business of a trust company in any province of Canadasuch provinces, either become so authorized or resign in the manner and with the effect specified in Section 9.1410.8.

Appears in 1 contract

Samples: NUCRYST Pharmaceuticals Corp.

Authority to Carry on Business. The Trustee represents to Goldstrike Dreco and the Corporation NOI 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 provinces Province of British Columbia and Alberta, Alberta but if, notwithstanding the provisions of this Section 9.107.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement agreement and the Voting Rights, the Insolvency 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 but event; provided, however, the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in any province the Province of CanadaAlberta, either become so authorized or resign in the manner and with the effect specified in Section 9.14Article X hereof.

Appears in 1 contract

Samples: Combination Agreement (National Oilwell Inc)

Authority to Carry on Business. The Trustee represents to Goldstrike CCo Sub and the Corporation CCo 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 provinces Province of British Columbia and Alberta, Alberta but if, notwithstanding the provisions of this Section 9.107.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement agreement and the Voting Rights, the Insolvency Exchange Put Right and the Automatic Exchange Rights shall not be affected in any manner whatsoever by reason only of such event but event; provided, however, the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in any province the Province of CanadaAlberta, either become so authorized or resign in the manner and with the effect specified in Section 9.14Article 10 hereof.

Appears in 1 contract

Samples: Combination Agreement (Calpine Corp)

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