Common use of Certification by the Trustee Clause in Contracts

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder to the benefit hereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”, and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder is entitled to the benefits hereof. (3) The certification of the Trustee on Special Warrant Certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 2 contracts

Samples: Special Warrant Indenture, Special Warrant Indenture (Sandspring Resources Ltd.)

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Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) a. No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit hereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule "A" hereto, and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3) b. The certification of the Trustee on Special a Warrant Certificates Certificate issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates Certificate (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Certificate or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 2 contracts

Samples: Special Warrant Indenture (Minera Andes Inc /Wa), Purchase Warrant Indenture (Minera Andes Inc /Wa)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2a) No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder registered holder to the benefit hereof or thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”, A and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3b) The certification of the Trustee on Special Warrant Certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates Warrants (except the due certification thereof) ), and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Warrants or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 2 contracts

Samples: Warrant Indenture (Gryphon Gold Corp), Warrant Indenture (Agnico Eagle Mines LTD)

Certification by the Trustee. (1) Special No Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) No Special Warrant Certificate certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder registered holder to the benefit hereof or thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the Warrant certificate set out in Schedule “A”, A and such certification by the Trustee upon any Special Warrant Certificate certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (32) The certification of the Trustee on Special Warrant Certificates certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates Warrants (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Warrants or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 2 contracts

Samples: Special Warrant Indenture (Learning Co Inc), Special Warrant Indenture (Learning Co Inc)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) a. No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit benefits hereof or thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”, and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3) b. The certification of the Trustee on Special a Warrant Certificates Certificate issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates Certificate (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Certificate or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 2 contracts

Samples: Warrant Indenture (Golden Star Resources LTD), Warrant Indenture (Golden Star Resources LTD)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit hereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of approved by the certificate set out in Schedule “A”, Company and such the Trustee and the certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (32) The certification of the Trustee on Special Warrant Certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Special Warrant Certificates (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Warrants or any of them or of the consideration therefor thereof, except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (Northern Orion Resources Inc)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) a. No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit benefits hereof or thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”, and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3) b. The certification of the Trustee on Special a Warrant Certificates Certificate issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates Certificate (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special any Warrant Certificates or any of them Certificate or of the consideration therefor except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (Golden Star Resources LTD)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) 2.8.1 No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit hereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of approved by the certificate set out in Schedule “A”, Company and such the Trustee and the certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits benefit hereof. (3) 2.8.2 The certification of the Trustee on Special Warrant Certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Special Warrant Certificates (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Warrants or any of them or of the consideration therefor thereof, except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (Golden Queen Mining Co LTD)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) a. No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit benefits hereof or thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule "A" hereto, and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3) b. The certification of the Trustee on Special a Warrant Certificates Certificate issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates Certificate (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Certificate or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (Golden Star Resources LTD)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2a) No Special Warrant Certificate certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit hereof or thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”, A and such certification by the Trustee upon any Special Warrant Certificate certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3b) The certification of the Trustee on Special Warrant Certificates certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates Warrants (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Warrants or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (MDS Inc)

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Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2a) No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit hereof thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”, 2.03(c) or in some other form approved by the Trustee and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereofbenefit thereof. (3b) The certification of the Trustee on Special Warrant Certificates Warrants issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Special Warrant Certificates Warrants (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Warrants or any of them or of the consideration therefor except as otherwise specified hereintherefor.

Appears in 1 contract

Samples: Special Warrant Indenture (Brocker Technology Group LTD)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit of this Indenture hereof until it has been certified by manual signature by or on behalf of the Trustee substantially by its authorized signing officers located in the form city of the certificate set out in Schedule “A”Toronto, Ontario and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (32) The certification of the Trustee on Special Warrant Certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (North American Palladium LTD)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) No Special Warrant Certificate Debenture shall be issued or, if issued, shall be valid for any purpose obligatory or entitle the Holder holder to the benefit hereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”, ” hereto or in some other form approved by the Trustee and such certification by the Trustee upon any Special Warrant Certificate Debenture shall be conclusive evidence as against the Company that the Special Warrant Certificate Debenture so certified has been duly issued hereunder and is a valid obligation of the Company and that the Holder holder is entitled to the benefits benefit hereof. (3) . The certification certificate of the Trustee on Special Warrant Certificates Debentures issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Special Warrant Certificates Debentures (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Debentures or any of them or of the consideration therefor except as otherwise specified hereinproceeds thereof.

Appears in 1 contract

Samples: Indenture (Telesystem International Wireless Inc)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2a) No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit hereof thereof until it has been certified by manual signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule “A”Article 10 or in some other form approved by the Corporation and the Trustee, and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3b) The certification of the Trustee on Special Warrant Certificates Warrants issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Special Warrant Certificates Warrants (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates Warrants or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (Westlink Resources LTD)

Certification by the Trustee. (1) Special Warrant Certificates evidencing the Special Warrants shall be certified by or on behalf of the Trustee on written direction of the Company. (2) a. No Special Warrant Certificate shall be issued or, if issued, shall be valid for any purpose or entitle the Holder holder to the benefit hereof until it has been certified by manual signature by or on behalf of the Trustee by its authorized signing officers substantially in the form of the certificate set out in Schedule “A”Warrant Certificate, and such certification by the Trustee upon any Special Warrant Certificate shall be conclusive evidence as against the Company Corporation that the Special Warrant Certificate so certified has been duly issued hereunder and that the Holder holder is entitled to the benefits hereof. (3) b. The certification of the Trustee on Special Warrant Certificates issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or the Special Warrant Certificates (except the due certification thereof) or as to the performance by the Corporation of its obligations under this Indenture, and the Trustee shall in no respect be liable or answerable for the use made of the Special Warrant Certificates or any of them or of the consideration therefor except as otherwise specified herein.

Appears in 1 contract

Samples: Warrant Indenture (Challenger Energy Corp)

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