Common use of Certificate as to Adjustment Clause in Contracts

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.4, deliver an Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8.

Appears in 1 contract

Samples: Trust Indenture

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Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer's Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Debenture Trustee (who may be the Auditors auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment orreadjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice otherwise than under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.4, deliver an Officers' Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the CorporationAuditor) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approvesevent, no such notice to the Debentureholders need be given under this Section 6.8given.

Appears in 1 contract

Samples: Indenture (Kirkland Lake Gold Ltd.)

Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer’s Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an certificate, report or opinion of a firm of chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Debenture Trustee (who may be the Auditors auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice otherwise than under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture (Pengrowth Energy Trust)

Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer’s Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Debenture Trustee (who may be the Auditors auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice otherwise than under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture (Canetic Resources Trust)

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.4clause 12.3, deliver an Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and and, when approved by the Trustee shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 clause 10.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting applicable Conversion Priceformula; provided that, if the Corporation has given notice under this Section 6.8 clause 12.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8clause 12.8.

Appears in 1 contract

Samples: Debenture Trust Indenture (Power Plus Corp)

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.4, deliver an Officers' Officer’s Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Indenture Debenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8given.

Appears in 1 contract

Samples: Trust Indenture (Wi-Lan Inc.)

Certificate as to Adjustment. The Corporation Issuer shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation Issuer and acceptable to the Indenture Trustee (who may be the Auditors of the CorporationIssuer) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Issuer shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Issuer Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 15.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Issuer has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

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

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.45.5, deliver an Officers' Officer's Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion advice of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 5.10 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.85.9.

Appears in 1 contract

Samples: Secured Trust Indenture

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.45.3, deliver an Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 5.8 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.85.7.

Appears in 1 contract

Samples: Trust Indenture

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer's Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Applicable Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Indenture

Certificate as to Adjustment. The Corporation Issuer shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation Issuer and acceptable to the Indenture Trustee (who may be the Auditors of the CorporationIssuer) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Issuer shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Issuer Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Issuer has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

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

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer's Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Indenture Debenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice otherwise than under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Note Indenture (PENGROWTH ENERGY Corp)

Certificate as to Adjustment. The Corporation Parent shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment re-adjustment as provided in Section 6.48.4, deliver an Officers' Certificate a certificate of the Parent to the Indenture Trustee Administrative Agent specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered independent public accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of Parent’s auditors) appointed by the Corporation) Parent and acceptable to the Administrative Agent and, when approved by the Administrative Agent, shall be conclusive and binding on all parties in interest. When so approved, the Corporation Parent shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 Holders specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that. No such notice need be given under this Section 8.6, if the Corporation Parent has given notice under this Section 6.8 8.7 covering all the relevant facts in respect of such event event, and if the Indenture Trustee Administrative Agent so approves, no such notice to the Debentureholders need be given under this Section 6.8.

Appears in 1 contract

Samples: Unit Purchase Agreement (USA Synthetic Fuel Corp)

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.45.6, deliver an Officers' Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion advice of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 5.12 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.85.12.

Appears in 1 contract

Samples: Indenture

Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Trustee (who may be the Auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Perpetual Energy Inc.)

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if . The Trustee shall be entitled to rely on the Corporation has given notice under this Section 6.8 covering all calculations and adjustments set out in the relevant facts in respect Officer’s Certificate and opinion of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8a firm of nationally recognized chartered accountants.

Appears in 1 contract

Samples: Debenture Indenture (Molycorp, Inc.)

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Certificate as to Adjustment. The Corporation REIT shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.4, deliver an Officers' Officer’s Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation REIT and acceptable to the Indenture Trustee (who may be the Auditors of the CorporationREIT) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation REIT shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 15.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation REIT has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8given.

Appears in 1 contract

Samples: Trust Indenture

Certificate as to Adjustment. The Corporation Company shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.4, deliver an Officers' a Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate Certificate and the amount of the adjustment specified therein shall be verified accompanied by an unqualified opinion of a firm of chartered accountants appointed by the Corporation Company and acceptable to the Indenture Trustee (who may be the Auditors of the CorporationCompany) to the effect that such Certificate presents fairly all matters described therein, and that the calculation of the amount of the adjustment specified therein is accurate, in accordance with the requirements of this Indenture, and such Certificate, when approved by the Trustee, shall be conclusive and binding on all parties in interest. When so approved, the Corporation The Company shall, except in respect of any subdivision, redivision, reduction, combination subdivision or consolidation of the Common Shares, forthwith give notice to the Debentureholders Debenture holders in the manner provided in Section 12.2 Article 14 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, that if the Corporation Company has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8.

Appears in 1 contract

Samples: Trust Indenture (Pope & Talbot Inc /De/)

Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer's Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Debenture Trustee (who may be the Auditors auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice otherwise than under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer's Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Debenture Trustee (who may be the Auditors auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesUnits, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice under this Section 6.8 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8Section.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Corporation Corporation, pursuant to a Board Resolution, shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.44.5, deliver an Officers' Officer's Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall, in the event that Debentureholders holding an aggregate of 25% of the principal amount of the Debentures then outstanding notify the Trustee that they do not agree with such determination within 14 days of such determination being communicated to all the Holders, such Officer's Certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 4.3 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.8.

Appears in 1 contract

Samples: Indenture (C21 Investments Inc.)

Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer's Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Trustee (who may be the Auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 15.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power Income Fund)

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture

Certificate as to Adjustment. The Corporation Company shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer’s Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Indenture Trustee Company (who may be the Auditors of Company’s Auditors) and acceptable to the Corporation) Debenture Trustee and shall be conclusive and binding on all parties in interest. When so approvedverified, the Corporation Company shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, Shares referred to in Sections 6.5(a)(i) or 6.5(a)(ii) forthwith give notice to the Debentureholders in the manner provided in Section 12.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Company has previously given notice under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

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

Certificate as to Adjustment. The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer’s Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation and acceptable to the Indenture Debenture Trustee (who may be the Auditors auditors of the Corporation) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common Shares, forthwith give notice to the Debentureholders in the manner provided in Section 12.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has given notice otherwise therein under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture (Gastar Exploration LTD)

Certificate as to Adjustment. The Corporation Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.46.5, deliver an Officers' Officer's Certificate to the Indenture Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Corporation Trust and acceptable to the Indenture Debenture Trustee (who may be the Auditors auditors of the CorporationTrust) and shall be conclusive and binding on all parties in interest. When so approved, the Corporation Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Common SharesTrust Units, forthwith give notice to the Debentureholders in i n the manner provided in Section 12.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation Trust has given notice otherwise than under this Section 6.8 6.9 covering all the relevant facts in respect of such event and if the Indenture Debenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.86.9.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

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