Common use of Binding Effect of Resolutions Clause in Contracts

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 4 contracts

Samples: Trust Indenture (Wi-Lan Inc.), Trust Indenture (Penn West Energy Trust), Trust Indenture (Gastar Exploration LTD)

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Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 10.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder Debentureholder, the Company and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 3 contracts

Samples: Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 12 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 3 contracts

Samples: Indenture (Organigram Holdings Inc.), Convertible Debenture Indenture, Convertible Debenture Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 14.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 3 contracts

Samples: Trust Indenture, Trust Indenture (Algonquin Power & Utilities Corp.), Algonquin Power Income Fund

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 10 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 10.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Security Agreement (Red Mile Entertainment Inc), Security Agreement (Red Mile Entertainment Inc)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 13.16 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee Trustees (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 11.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Put Notice (Constellation Software Inc), Put Notice (Constellation Software Inc)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders Receiptholders shall be binding upon all the DebentureholdersReceiptholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders Receiptholders in accordance with Section 12.15 8.15 shall be binding upon all the DebentureholdersReceiptholders, whether signatories thereto or not, and each and every Debentureholder Receiptholder and the Debenture Trustee Escrow Agent (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Subscription Receipt Agreement (Bce Inc), Subscription Receipt Agreement (Cgi Group Inc)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 13.16 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 15.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Subordination Agreement (Mogo Inc.), Subordination Agreement (Mogo Finance Technology Inc.)

Binding Effect of Resolutions. Every resolution Debentureholders’ Resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article hereof at a meeting of Debentureholders shall or by an instrument in writing in lieu of a meeting of Debentureholders will be binding upon all Debentureholders of the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, applicable series of Debentures and each and every such Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Trust Indenture (American Honda Finance Corp), Trust Indenture (American Honda Finance Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 13 at a meeting of Debentureholders shall will be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall 13.15 will be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall will be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall will be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall 13.15 will be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall will be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Trust Indenture, Trust Indenture (Boralex Inc.)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders Receiptholders shall be binding upon all the DebentureholdersReceiptholders, whether present at or absent from such meeting, meeting and every instrument in writing signed by Debentureholders Receiptholders in accordance with Section 12.15 7.15 hereof shall be binding upon all the DebentureholdersReceiptholders, whether signatories thereto or not, and each and every Debentureholder Receiptholder and the Debenture Trustee Receipt Agent (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Subscription Receipt Agreement (Scythian Biosciences Corp.), Subscription Receipt Agreement (Americas Silver Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee Agent (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 2 contracts

Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)

Binding Effect of Resolutions. Every Subject to the provisions of section 13.17, every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article Thirteen at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 section 13.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution extraordinary resolution and instrument in writing.

Appears in 2 contracts

Samples: Bank of Montreal /Can/, Bank of Montreal /Can/

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meetingthe meeting at which it was passed (if applicable), and every instrument in writing signed by Debentureholders in accordance with Section 12.15 9.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture

Binding Effect of Resolutions. Every Subject to Section 11.17, every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders Noteholders shall be binding upon all the DebentureholdersNoteholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders Noteholders in accordance with Section 12.15 11.15 shall be binding upon all the DebentureholdersNoteholders, whether signatories thereto or not, and each and every Debentureholder Noteholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) 86 80. shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Symons International Group Inc

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 12 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

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

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders Debenture holders shall be binding upon all the DebentureholdersDebenture holders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders Debenture holders in accordance with Section 12.15 section 11.15 shall be binding upon all the DebentureholdersDebenture holders, whether signatories thereto or not, and each and every Debentureholder Debenture holder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution extraordinary resolution and instrument in writing.

Appears in 1 contract

Samples: Pan American Silver Corp

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders Debenture holders shall be binding upon all the DebentureholdersDebenture holders, whether present at or absent from at such meeting, and every instrument in writing signed by Debentureholders Debenture holders in accordance with Section 12.15 9.15 shall be binding upon all the DebentureholdersDebenture holders, whether signatories thereto or not, and each and every Debentureholder Debenture holder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution extraordinary resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture (Talisman Energy Inc)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 13 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.Section

Appears in 1 contract

Samples: And Restated Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article Ten at a meeting of Debentureholders Warrantholders shall be binding upon all of the DebentureholdersWarrantholders, whether present at or absent from at such meeting, and every instrument in writing signed by Debentureholders Warrantholders in accordance with Section 12.15 the provisions of section 10.15 hereof shall be binding upon all of the DebentureholdersWarrantholders, whether signatories thereto or not, and each and every Debentureholder Warrantholder and the Debenture Trustee Warrant Agent (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Warrant Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 8 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 8.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, . Extraordinary Resolution and instrument in writinginstrument.

Appears in 1 contract

Samples: Trust Indenture (Sr Telecom Inc)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 10 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 10.12(b) shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture (Surge Global Energy, Inc.)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 11 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 11.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Indenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 10.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution extraordinary resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture (American Natural Energy Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 13.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Indenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 11 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 11.17 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and each of the Debenture Trustee Trustees (subject to the provisions for its indemnity remuneration, indemnification and protection herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution resolution and instrument in writing.

Appears in 1 contract

Samples: Indenture (Brookfield Renewable Energy Partners L.P.)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders Subscription Receiptholders shall be binding upon all the DebentureholdersSubscription Receiptholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders Subscription Receiptholders in accordance with Section 12.15 shall be binding upon all the DebentureholdersSubscription Receiptholders, whether signatories thereto or not, and each and every Debentureholder Subscription Receiptholder and the Debenture Trustee Subscription Receipt Agent (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution resolution and instrument in writing.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Response Biomedical Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 11 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by the Debentureholders in accordance with Section 12.15 section 11.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the any provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing. Unless the Trustee agrees otherwise, notice of the passing of every resolution and every Extraordinary Resolution shall be given to the Debentureholders in the manner provided in section 2.15.

Appears in 1 contract

Samples: Telesystem International Wireless Inc

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 10 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 section 10.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its funding and indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writinginstrument.

Appears in 1 contract

Samples: Certicom Corp

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Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article Eleven at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 11.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Enron Corp/Or/

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 11.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Indenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder Debentureholder, the Company and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Convertible Debenture Indenture (I-80 Gold Corp.)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 11 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 11.12(b) shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture (Surge Global Energy, Inc.)

Binding Effect of Resolutions. Every resolution resolution, every Extraordinary Resolution and every Extraordinary Super Majority Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 12.16 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution, Super Majority Resolution and instrument in writing.

Appears in 1 contract

Samples: sedar-filings-backup.thecse.com

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 6 at a meeting of Registered Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Registered Debentureholders in accordance with Section 12.15 6.14 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution resolution and instrument in writing.

Appears in 1 contract

Samples: webfiles.thecse.com

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 10 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 10.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution Resolution, and instrument in writing.

Appears in 1 contract

Samples: Debenture Indenture

Binding Effect of Resolutions. Every Subject to the provisions of section 9.17, every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article Nine at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders Debenture- holders in accordance with Section 12.15 section 9.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution extraordinary resolution and instrument in writing.

Appears in 1 contract

Samples: Bank of Montreal /Can/

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 13.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall shall, subject to applicable law, be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture (Pengrowth Energy Trust)

Binding Effect of Resolutions. Every Subject to Sections 11.13 and 11.14, every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 11 at a meeting of Debentureholders shall Noteholders will be binding upon all the DebentureholdersNoteholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders Noteholders in accordance with Section 12.15 shall 11.18 will be binding upon all the Debentureholders, Noteholders whether signatories thereto or not, and each and every Debentureholder Noteholder and the Debenture Indenture Trustee (subject to the provisions for its indemnity herein containedcontained in Section 12.3(2)) shall will be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Trust Indenture (PHH Corp)

Binding Effect of Resolutions. Every Subject to the provisions of Section 9.17, every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 9.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.the

Appears in 1 contract

Samples: Bce Inc

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 10.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Debenture Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article VIII at a meeting of Debentureholders Subscription Receiptholders shall be binding upon all the DebentureholdersSubscription Receiptholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders Subscription Receiptholders in accordance with Section 12.15 8.14 shall be binding upon all the DebentureholdersSubscription Receiptholders, whether signatories thereto or not, and each and every Debentureholder Subscription Receiptholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution resolution and instrument in writing.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Catalyst Paper Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Ordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 13.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Ordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Indenture (MDC Partners Inc)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution extraordinary resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 clause 9.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution extraordinary resolution and instrument in writing.

Appears in 1 contract

Samples: Debenture Trust Indenture (Power Plus Corp)

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 11.16 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: Convertible Secured Debenture Indenture

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 12 at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 section 12.16 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its funding and indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.

Appears in 1 contract

Samples: New Gold Inc. /FI

Binding Effect of Resolutions. Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article at a meeting of Debentureholders shall be binding upon all the Debentureholders, whether present at or absent from such meeting, and every instrument in writing signed by Debentureholders in accordance with Section 12.15 shall be binding upon all the Debentureholders, whether signatories thereto or not, and each and every Debentureholder and the Debenture Trustee (subject to the provisions for its indemnity herein contained) shall be bound to give effect accordingly to every such resolution, Extraordinary Resolution and instrument in writing.Section

Appears in 1 contract

Samples: Indenture

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