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

Conditions Precedent to Trustee’s Obligations to Act Hereunder. (a) The obligation of the Trustee to commence or continue any act, action or proceeding for the purpose of enforcing the rights of the Trustee and of the Debentureholders hereunder shall be conditional upon the Debentureholders furnishing when required by notice in writing by the Trustee, sufficient funds to commence or continue such act, action or proceeding and indemnity reasonably satisfactory to the Trustee to protect and hold harmless the Trustee against the costs, charges and expenses and liabilities to be incurred thereby and any loss and damage it may suffer by reason thereof. (b) None of the provisions contained in this Indenture shall require the 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.

Appears in 3 contracts

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

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Conditions Precedent to Trustee’s Obligations to Act Hereunder. (a) The obligation of the Trustee to commence or continue any act, action act or proceeding for the purpose of enforcing the rights of the Trustee and of the Debentureholders hereunder shall be conditional upon the Debentureholders furnishing furnishing, when required by notice in writing by the Trustee, sufficient funds to commence or continue such act, action or proceeding and indemnity reasonably satisfactory to the Trustee to protect and hold harmless the Trustee against the costs, charges and expenses and liabilities to be incurred thereby and any loss and damage it may suffer by reason thereof. (b) . None of the provisions contained in this Indenture indenture shall require the 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.

Appears in 1 contract

Samples: Trust Indenture (Poly-Pacific International Inc.)

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