Common use of Conditions Precedent to Indenture Trustee's Obligations to Act Hereunder Clause in Contracts

Conditions Precedent to Indenture Trustee's Obligations to Act Hereunder. The obligation of the Indenture Trustee to commence or continue any act, action or proceeding for the purpose of enforcing the rights of the Indenture Trustee and of the Debtholders hereunder shall be conditional upon the Debtholders furnishing when required by notice in writing by the Indenture Trustee, sufficient funds to commence or continue such act, action or proceeding and indemnity reasonably satisfactory to the Indenture Trustee to protect and hold harmless the Indenture Trustee against the costs, charges and expenses and liabilities to be incurred thereby and any loss and damage it may suffer by reason thereof. None of the provisions contained in this Indenture shall require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers unless indemnified as aforesaid. The Indenture Trustee may, before commencing or at any time during the continuance of any such act, action or proceeding require the Debtholders at whose instance it is acting to deposit with the Indenture Trustee the Debt Securities held by them for which Debt Securities the Indenture Trustee shall issue receipts.

Appears in 3 contracts

Samples: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Trust)

AutoNDA by SimpleDocs

Conditions Precedent to Indenture Trustee's Obligations to Act Hereunder. The obligation of the Indenture Trustee to commence or continue any act, action or proceeding for the purpose of enforcing the rights of the Indenture Trustee and of the Debtholders Debentureholders hereunder shall be conditional upon the Debtholders furnishing Debentureholders furnishing, when required by notice in writing by the Indenture Trustee, sufficient funds to commence or continue such act, action or proceeding and indemnity reasonably satisfactory to the Indenture Trustee to protect and hold harmless the Indenture Trustee against the costs, charges and expenses and liabilities to be incurred thereby and any loss and damage it may suffer by reason thereof. None of the provisions contained in this Indenture shall require the Indenture Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers unless indemnified as aforesaid. The Indenture Trustee may, before commencing or at any time during the continuance of any such act, action or proceeding require the Debtholders Debentureholders at whose instance it is acting to deposit with the Indenture Trustee the Debt Securities Debentures held by them for which Debt Securities Debentures the Indenture Trustee shall issue receipts.

Appears in 1 contract

Samples: Trust Indenture

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!