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 5.5, deliver an Officer’s Certificate to the 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 accountants appointed by the Corporation and acceptable to the Debenture Trustee (who may be the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verified, the Corporation shall, except in respect of any subdivision, re-division, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) forthwith give notice to the Debentureholders in the manner provided in Section 11.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has previously given notice under this Section 5.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9.

Appears in 2 contracts

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

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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 5.54.4, deliver an Officer’s Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 16.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has previously given notice under this Section 5.9 4.8 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.94.8. The Trustee shall rely, and shall be protected in so doing, upon the Officer’s Certificate, or the opinion of auditor and any other document filed by the Corporation pursuant to this Article 4 for all purposes.

Appears in 2 contracts

Samples: Subordination Agreement (Mogo Inc.), Subordination Agreement (Mogo Finance Technology 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 5.56.5, deliver an Officer’s Certificate to the 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 Issuer and acceptable to the Debenture Trustee (who may be the Corporation’s AuditorsAuditors of the Issuer) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Issuer shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Issuer Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

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

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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Corporation’s Auditorsauditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Harvest 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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Corporation’s Auditorsauditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice otherwise than under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice otherwise than under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Indenture (PENGROWTH ENERGY Corp)

Certificate as to Adjustment. The Corporation shall from time to time time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 5.5section 4.3 or 4.4, deliver an Officer’s a Certificate of the Corporation to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment 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 Trustee shall be entitled to act and rely upon such Certificate. Such Certificate of the Corporation and the amount of the adjustment specified therein shall be verified by an opinion of a firm of accountants appointed by the Corporation and acceptable shall, subject to the Debenture Trustee (who may be the Corporation’s Auditors) and shall provisions of subsection 4.3(2), be conclusive and binding on all parties in interest. When so verifiedUntil such Certificate of the Corporation is received by the Trustee, the Corporation shall, except Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, the Corporation shall forthwith give notice to the Debentureholders in the manner provided in Section 11.2 Noteholders specifying the event requiring such adjustment or readjustment and the results amount thereof, including the resulting Conversion Price; provided that, that if the Corporation has previously given notice under this Section 5.9 section 4.11 covering all the relevant facts in respect of such event and if the Debenture Trustee approvesevent, no such notice need be given under this Section 5.9section 4.10.

Appears in 1 contract

Samples: Crystallex International 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 5.56.4, deliver an Officer’s Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9given.

Appears in 1 contract

Samples: Trust Indenture (Wi-Lan Inc.)

Certificate as to Adjustment. 4.8 The Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 5.5Subsection 5.4, deliver an Officer’s Officers’ Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and and, when approved by the Trustee, shall be conclusive and binding on all parties in interestinterested parties. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 Subsection 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 previously given notice under this Section Subsection 5.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9Subsection 5.8.

Appears in 1 contract

Samples: Indenture (Poly-Pacific International 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 5.5, deliver an Officer’s 's Certificate to the 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 advice of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 5.10 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9.

Appears in 1 contract

Samples: Secured Trust Indenture

Certificate as to Adjustment. The Corporation shall from time to time time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 5.5subsection 4.3 or 4.4, deliver an Officer’s a Certificate of the Corporation to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment 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 Trustee shall be entitled to act and rely upon such Certificate. Such Certificate of the Corporation and the amount of the adjustment specified therein shall be verified by an opinion of a firm of accountants appointed by the Corporation and acceptable shall, subject to the Debenture Trustee (who may be the Corporation’s Auditors) and shall provisions of paragraph 4.3(2), be conclusive and binding on all parties in interest. When so verifiedUntil such Certificate of the Corporation is received by the Trustee, the Corporation shall, except Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, the Corporation shall forthwith give written notice to the Debentureholders in the manner provided in Section 11.2 Noteholders specifying the event requiring such adjustment or readjustment and the results amount thereof, including the resulting Conversion Price; provided that, that if the Corporation has previously given written notice under this Section 5.9 subsection 4.11 covering all the relevant facts in respect of such event and if the Debenture Trustee approvesevent, no such written notice need be given under this Section 5.9subsection 4.10.

Appears in 1 contract

Samples: Note Indenture (Crystallex International Corp)

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 5.56.5, deliver an Officer’s Certificate to the 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 Debenture Trustee (who may be the Corporation’s Auditorsauditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice otherwise than under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Corporation’s AuditorsAuditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Algonquin Power Income Fund

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 5.56.5, deliver an Officer’s Officers' Certificate to the 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 Debenture Trustee (who may be the Corporation’s AuditorsAuditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Paramount Energy Trust (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 5.55.3, deliver an Officer’s Officers’ Certificate to the Debenture 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 5.8 covering all the relevant facts in respect of such event and if the Debenture Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 5.95.7.

Appears in 1 contract

Samples: Trust 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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Corporation’s Auditorsauditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in i n the manner provided in Section 11.2 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 previously given notice otherwise than under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. SECTION 6.8 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 5.56.4, deliver an Officer’s a Certificate to the 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 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 Debenture Trustee (who may be the Corporation’s AuditorsAuditors of the Company) 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 verified, the Corporation The Company shall, except in respect of any subdivision, re-division, reduction, combination subdivision or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders Debenture holders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.8.

Appears in 1 contract

Samples: Pope & Talbot Inc /De/

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 5.54.4, deliver an Officer’s Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 4.8 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, relying on the opinion of Counsel, no such notice need be given under this Section 5.94.8. The Trustee shall rely, and shall be protected in so doing, upon the Officer’s Certificate, or the opinion of auditor and any other document filed by the Corporation pursuant to this Article 4 for all purposes.

Appears in 1 contract

Samples: Convertible Debenture 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 5.56.5, deliver an Officer’s Certificate to the 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 conclusively determined by an opinion of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and such advice or determination shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Subordinate Voting Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.10 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.10.

Appears in 1 contract

Samples: 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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Certificate as to Adjustment. The Corporation Company shall from time to time time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 5.5section 4.3, deliver an Officer’s a Certificate of the Company to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment 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 Debenture Trustee shall be entitled to act and rely upon such Certificate. Such Certificate of the Company and the amount of the adjustment or readjustment, as the case may be, specified therein shall be verified by an opinion of a firm of accountants appointed by the Corporation and acceptable to the Debenture Trustee (who may be the Corporation’s Auditors) and shall be conclusive and binding on all parties in interestinterest absent manifest error. When so verifiedUntil such Certificate of the Company is received by the Debenture Trustee, the Corporation shall, except Debenture Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, the Company shall forthwith give notice to the Debentureholders in the manner provided in Section 11.2 specifying the event requiring such adjustment or readjustment and the results thereof, amount thereof including the resulting Conversion Price; provided that, that if the Corporation Company has previously given notice under this Section 5.9 section 4.10 covering all the relevant facts in respect of such event and if the Debenture Trustee approvesevent, no such notice need be given under this Section 5.9section 4.9.

Appears in 1 contract

Samples: New Gold Inc. /FI

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 5.56.4, deliver an Officer’s Certificate to the 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 REIT and acceptable to the Debenture Trustee (who may be the Corporation’s AuditorsAuditors of the REIT) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation REIT shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9given.

Appears in 1 contract

Samples: Trust 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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Corporation’s Auditorsauditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice otherwise than under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

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 5.56.4, deliver an Officer’s Officers' Certificate to the Debenture 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 Debenture Indenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.8 covering all the relevant facts in respect of such event and if the Debenture Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 5.96.8.

Appears in 1 contract

Samples: Trust Indenture

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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 5.5clause 12.3, deliver an Officer’s Officers' Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and and, when approved by the Trustee shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 clause 12.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9clause 12.8.

Appears in 1 contract

Samples: Debenture Trust Indenture (Power Plus Corp)

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 5.56.5, deliver an Officer’s Certificate to the 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 Debenture Trustee (who may be the Corporation’s Auditorsauditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice otherwise than under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Trust Indenture (Canetic Resources Trust)

Certificate as to Adjustment. The Corporation shall from time to time immediately immediately, but in any event within five (5) Business Days, after the occurrence of any event which requires an adjustment or readjustment as provided in Section 5.54.3, deliver an Officer’s Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Corporation has previously given notice otherwise than under this Section 5.9 4.8 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.94.8. Failure to provide or mail any such notice or any defect therein shall not affect the validity of any such adjustment.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver 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 5.56.5, deliver an Officer’s Officers’ Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9.6.9. CONVERTIBLE DEBENTURE INDENTURE

Appears in 1 contract

Samples: Convertible Debenture Indenture (Crailar Technologies 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 5.55.6, deliver an Officer’s Certificate to the 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 advice of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 5.12 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.95.12.

Appears in 1 contract

Samples: 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 5.56.5, deliver an Officer’s Officers' Certificate to the Debenture 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 Debenture Indenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Indenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Trust 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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Corporation’s Auditorsauditors of the Trust) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Trust shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Units, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9Section.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Corporation shall from time to time time, immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 5.5section 4.3 or 4.4, deliver an Officer’s a Certificate of the Corporation to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment or readjustment 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 Trustee shall be entitled to act and rely upon such Certificate of the Corporation. Such Certificate of the Corporation and the amount of the adjustment specified therein shall be verified by an opinion of a firm of accountants appointed by the Corporation and acceptable to the Debenture Trustee (who may be the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedUntil such Certificate of the Corporation is received by the Trustee, the Corporation shall, except Trustee may act and be protected in acting on the presumption that no adjustment has been made or is required. Except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, the Corporation shall forthwith give notice to the Debentureholders in the manner provided in Section 11.2 specifying the event requiring such adjustment or readjustment and the results amount thereof, including the resulting Conversion Price; provided that, that if the Corporation has previously given notice under this Section 5.9 section 4.12 covering all the relevant facts in respect of such event and if the Debenture Trustee approvesevent, no such notice need be given under this Section 5.9section 4.11.

Appears in 1 contract

Samples: Certicom 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 5.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9.

Appears in 1 contract

Samples: Convertible Debenture Indenture

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 5.54.5, deliver an Officer’s 's Certificate to the 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, 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 Debenture Trustee (who may be the auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.9.

Appears in 1 contract

Samples: Indenture (C21 Investments 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 5.5, deliver an Officer’s Certificate to the 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 advice of a firm of nationally recognized chartered accountants appointed by the Corporation and acceptable to the Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 5.10 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.95.10.

Appears in 1 contract

Samples: 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 5.56.5, deliver an Officer’s Certificate to the 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 Company (who may be the Company’s Auditors) and acceptable to the Debenture Trustee (who may be the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verified, the Corporation Company shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i6.5(a)(i) or 5.5(a)(ii6.5(a)(ii) forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Trust Indenture (Canadian Satellite Radio Holdings 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 5.56.5, deliver an Officer’s Certificate to the 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 Issuer and acceptable to the Debenture Trustee (who may be the Corporation’s AuditorsAuditors of the Issuer) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation Issuer shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Issuer Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

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 5.56.5, deliver an Officer’s 's Certificate to the 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 Debenture Trustee (who may be the Auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: 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 5.56.5, deliver an Officer’s Certificate to the 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 Debenture Trustee (who may be the auditors of the Corporation’s Auditors) and shall be conclusive and binding on all parties in interest. When so verifiedapproved, the Corporation shall, except in respect of any subdivision, re-divisionredivision, reduction, combination or consolidation of the Common Shares referred to in Sections 5.5(a)(i) or 5.5(a)(ii) Shares, forthwith give notice to the Debentureholders in the manner provided in Section 11.2 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 previously given notice otherwise therein under this Section 5.9 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 5.96.9.

Appears in 1 contract

Samples: Trust Indenture (Gastar Exploration LTD)

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