Common use of Completion of Transfer of Debentures to Offeror Clause in Contracts

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.3, the Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 3 contracts

Samples: Debenture Indenture (Bellatrix Exploration Ltd.), Convertible Debenture Indenture (Perpetual Energy Inc.), Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)

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Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, the Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 3 contracts

Samples: Debenture Indenture (Molycorp, Inc.), Convertible Debenture Indenture (Anderson Energy LTD), Debenture Indenture (Ivanhoe Energy Inc)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, the TrusteeTrustees, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's Trustees’ opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee Trustees or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the TrusteeTrustees, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee Trustees or such other person Person may require in lieu thereof; and the Trustee is Trustees are hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 2 contracts

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

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 2 contracts

Samples: Indenture (Aurora Cannabis Inc), Indenture (Aurora Cannabis Inc)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.310.3, the Trustee, if the Offeror has complied with Section 12.510.3 and 10.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on Counsel, may be necessary or desirable to cause the transfer of the applicable Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and is granted power of attorney with respect to the Debentures of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 2 contracts

Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Debenture Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Debenture Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Debenture Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Debenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Debenture Trustee or such other person may require in lieu thereof; and the Debenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (Gastar Exploration LTD)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.310.3, the Trustee, if the Offeror has complied with Section 12.510.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210 (net of applicable withholdings); and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration systems of the Depository (as applicable).

Appears in 1 contract

Samples: Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments requested by the Offeror, as in the Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211 (net of applicable withholdings); and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration systems of the Depository (as applicable).

Appears in 1 contract

Samples: Indenture (Organigram Holdings Inc.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3section 15.3, the Indenture Trustee, if the Offeror has complied with Section 12.5section 15.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Indenture Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1215; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 section 15.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Indenture Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Indenture Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Indenture Trustee or such other person Person may require in lieu thereof; and the Indenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Indenture (Student Transportation Inc.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.3, the Indenture Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Indenture Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Indenture Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; andand‌‌ (iii) the Indenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Indenture Trustee or such other person may require required in lieu thereof; and the Indenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.4, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on the advice of Counsel, may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.3(c) the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.3(c) a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; andand‌ (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s’s Certificated Debenture(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Debenture Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(sCertificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Secured Convertible Debenture Indenture (Starfighters Space, Inc.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.3, the Debenture Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Debenture Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Debenture Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Debenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Debenture Trustee or such other person may require in lieu thereof; and the Debenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (Harvest Energy Trust)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, the Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on the advice of Counsel, may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s’s Debenture(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (MDC Partners Inc)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, the Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(sCertificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Indenture (Modern Mining Technology Corp.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211 (net of applicable withholdings); and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration systems of the Depository (as applicable).

Appears in 1 contract

Samples: Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.3, the Debenture Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Debenture Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to t o which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Debenture Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Debenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Debenture Trustee or such other person may require in lieu thereof; , and the Debenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.3, the Debenture Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Debenture Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Debenture Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Debenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Debenture Trustee or such other person may require in lieu thereof; and the Debenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.3Notice, the Debenture Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Debenture Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1212 net of applicable withholding taxes, if any; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Debenture Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, Debenture Trustee will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Debenture Trustee or such other person may require in lieu thereof; and the Debenture Trustee is hereby appointed the agent and attorney, and is granted power of attorney with respect to the Debentures, of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration system of the Depository.

Appears in 1 contract

Samples: Note Indenture (PENGROWTH ENERGY Corp)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.310.3, the Trustee, if the Offeror has complied with Section 12.510.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on the advice of Counsel, may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210 (net of applicable withholdings); and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Indenture (HEXO Corp.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.310.3, the Trustee, if the Offeror has complied with Section 12.510.3 and 10.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion opinion, relying on Counsel, may be necessary or desirable to cause the transfer of the applicable Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and is granted power of attorney with respect to the Debentures of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (NexGen Energy Ltd.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.313.3, the Trustee, if the Offeror has complied with Section 12.513.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on the advice of Counsel, may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 13.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1213; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 13.4 a notice stating that: (i) his or her its Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s’s Debenture(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211 net of applicable withholding taxes, if any; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and attorney and is granted power of attorney with respect to the Debentures, of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration system of the Depository.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.310.3, the Trustee, if the Offeror has complied with Section 12.510.3 and 10.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on Counsel, may be necessary or desirable to cause the transfer of the applicable Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her Debentures of the applicable series have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) of the applicable series or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and is granted power of attorney with respect to the Debentures of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (NexGen Energy Ltd.)

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Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.310.3, the Indenture Trustee, if the Offeror has complied with Section 12.510.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Indenture Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her their Debentures have been transferred to the Offeror; (ii) the Indenture Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Indenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Indenture Trustee or such other person may require in lieu thereof; , and the Indenture Trustee is hereby xxxxxx appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, 11.3 the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211 (net of applicable withholdings); and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration systems of the Depository (as applicable).

Appears in 1 contract

Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211 (net of applicable withholdings); and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(sCertificate(s) or DRS advices or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration systems of the Depository (as applicable).

Appears in 1 contract

Samples: Indenture (Vision Marine Technologies Inc.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, the Debenture Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Debenture Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Debenture Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Debenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Debenture Trustee or such other person may require in lieu thereof; and the Debenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (Pengrowth Energy Trust)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, 11.3 the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211 (net of applicable withholdings); and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisionsprovisions including, without limitation, the power and authority to execute such transfers as may be necessary or desirable in respect of the book-entry only registration systems of the Depository (as applicable).

Appears in 1 contract

Samples: Debenture Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the applicable consideration for the Debentures of the Dissenting Debentureholders to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Notice pursuant to Section 12.3, the Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Energy Fuels Inc)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's Offerer’s Notice pursuant to Section 12.3section 15.3, the Indenture Trustee, if the Offeror has complied with Section 12.5section 15.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Indenture Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1215; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 section 15.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Indenture Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Indenture Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Indenture Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Indenture (Student Transportation Inc.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, the Debenture Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Debenture Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Debenture Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Debenture Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Debenture Trustee or such other person may require in lieu thereof; , and the Debenture Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (Canetic Resources Trust)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Debenture Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice to Dissenting Debentureholders pursuant to Section 12.312.03, the Canadian Trustee, if the Offeror has complied with Section 12.512.05, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Canadian Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 12.04 the consideration to which such Dissenting Debentureholder is entitled under this Article 12XII; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 12.04 a notice stating that: (i) his or her its Debentures have been transferred to the Offeror; (ii) the Canadian Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Canadian Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Canadian Trustee or such other person may require in lieu thereof; and the Canadian Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Supplemental Indenture (Dirtt Environmental Solutions LTD)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.310.3, the Trustee, if the Offeror has complied with Section 12.510.3 and 10.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on Counsel, may be necessary or desirable to cause the transfer of the applicable Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and is granted power of attorney with respect to the Debentures of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture (NexGen Energy Ltd.)

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.3, the Trustee, if the Offeror has complied with Section 12.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's ’s opinion may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 12; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) or such other documents as the Trustee or such other person Person may require in lieu thereof; and the Trustee is hereby appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.311.3, the Trustee, if the Offeror has complied with Section 12.511.4, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on the advice of Counsel, may be necessary or desirable to cause the transfer of the Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 11.3(c) the consideration to which such Dissenting Debentureholder is entitled under this Article 1211; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 11.3(c) a notice stating that: (i) his or her Debentures have been transferred to the Offeror; (ii) the Trustee or some other person Person designated in such notice are holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other personPerson, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's Debenture certificate(s’s Certificated Debenture(s) or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby xxxxxx appointed the agent and attorney of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Debenture Indenture

Completion of Transfer of Debentures to Offeror. Within 30 days after the date of the sending of an Offeror's ’s Notice pursuant to Section 12.310.3, the Trustee, if the Offeror has complied with Section 12.510.3 and 10.5, shall: (a) do all acts and things and execute and cause to be executed all instruments as in the Trustee's opinion ’s opinion, relying on Counsel, may be necessary or desirable to cause the transfer of the applicable Debentures of the Dissenting Debentureholders to the Offeror; (b) send to each Dissenting Debentureholder who has complied with Section 12.4 10.4 the consideration to which such Dissenting Debentureholder is entitled under this Article 1210; and (c) send to each Dissenting Debentureholder who has not complied with Section 12.4 10.4 a notice stating that: (i) his or her Debentures of the applicable series have been transferred to the Offeror; (ii) the Trustee or some other person designated in such notice are is holding in trust the consideration for such Debentures; and (iii) the Trustee, or such other person, will send the consideration to such Dissenting Debentureholder as soon as possible after receiving such Dissenting Debentureholder's ’s Debenture certificate(s) of the applicable series or such other documents as the Trustee or such other person may require in lieu thereof; and the Trustee is hereby appointed the agent and is granted power of attorney with respect to the Debentures of the Dissenting Debentureholders for the purposes of giving effect to the foregoing provisions.

Appears in 1 contract

Samples: Trust Indenture

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