Common use of Confirmation of Subordination Clause in Contracts

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 6 contracts

Samples: Indenture (Modern Mining Technology Corp.), Convertible Debenture Indenture, Indenture (Aurora Cannabis Inc)

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Confirmation of Subordination. Each holder of Debentures by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 4 and appoints the Trustee his its attorney-in-fact for any and all such purposes. Upon request of the CorporationCompany, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation Company and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 4 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 4 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 3 contracts

Samples: webfiles.thecse.com, webfiles.thecse.com, webfiles.thecse.com

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Officers’ Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person person or Persons persons named in such Officer’s Officers’ Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 3 contracts

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

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Debenture Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Debenture Trustee his attorney-in-fact for any and all such purposes. Upon request of the CorporationTrust, and upon being furnished an Officer’s 's Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Debenture Trustee shall enter into a written agreement or agreements with the Corporation Trust and the Person person or Persons persons named in such Officer’s 's Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions used herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 3 contracts

Samples: Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Officers’ Certificate stating that one or more named Persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation Corporation, and the Person or Persons named in such Officer’s Officers’ Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the CorporationCorporation or Crailar US, and upon being furnished an Officer’s Officers' Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation or Crailar US, as the case may be, and the Person person or Persons persons named in such Officer’s Officers' Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Guaranty and Security Agreement (Crailar Technologies Inc)

Confirmation of Subordination. Each holder of Debentures by his their acceptance thereof authorizes and directs the Trustee on his their behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his their attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein so as to prejudice the rights of the holders of Secured Indebtedness under this Article 5 without the consent of such Secured Creditor, or their representative or the trustee under any indenture under which any instruments evidencing any of such Secured Indebtedness may have been issued, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 2 contracts

Samples: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)

Confirmation of Subordination. Each holder of Debentures by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his its attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 2 contracts

Samples: Indenture, Indenture‌

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee Trustees on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee Trustees his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Officers’ Certificate stating that one or more named Persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee Trustees shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Officers’ Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 2 contracts

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

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the CorporationCompany, and upon being furnished an Officer’s Officers’ Certificate stating that one or more named Persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written contractual subordination agreement or agreements with the Corporation Company and the Person person or Persons persons named in such Officer’s Officers’ Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, including those in addition to the provisions of this Article 5, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Confirmation of Subordination. Each holder of Debentures by his its acceptance thereof authorizes and directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his its attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, ; however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s 's Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s 's Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Indenture

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the CorporationCorporation or NAT US, and upon being furnished an Officer’s Officers’ Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation or NAT US, as the case may be, and the Person person or Persons persons named in such Officer’s Officers’ Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Crailar Technologies Inc)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, ; however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)

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Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the CorporationTrust, and upon being furnished an Officer’s Officers' Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written contractual subordination agreement or agreements with the Corporation Trust and the Person person or Persons persons named in such Officer’s Officers' Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, including those in addition to the provisions of this Article 5, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Paramount Energy Trust (Perpetual Energy Inc.)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Debenture Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Debenture Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Debenture Trustee shall enter into a written agreement or agreements with the Corporation and the Person person or Persons persons named in such Officer’s Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions used herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Trust Indenture (Gastar Exploration LTD)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Indenture Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Indenture Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Officers' Certificate stating that one or more named Persons persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Indenture Trustee shall enter into a written agreement or agreements with the Corporation and the Person person or Persons persons named in such Officer’s Officers' Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Trust Indenture

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Officers' Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person person or Persons persons named in such Officer’s Officers' Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Convertible Debenture (Advantage Oil & Gas Ltd.)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 6 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 6 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 6 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Indenture (Canopy Growth Corp)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon written request of the Corporation, and upon being furnished an Officer’s Officers’ Certificate stating that one or more named Persons persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person person or Persons persons named in such Officer’s Officers’ Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Debenture Indenture

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his their behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and effective upon the occurrence of a default or Event of Default of any Secured Indebtedness, and hereby appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Certificate stating that one or more named Persons are Secured Creditors and specifying the amount and nature of the Secured Indebtedness of such Secured Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Creditor, as the Secured Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Indebtedness, however, nothing herein shall impair the rights of any Secured Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Indenture (Organigram Holdings Inc.)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Trustee on his behalf to take such action as may be necessary or appropriate to effect the subordination as provided in this Article 5 and appoints the Trustee his attorney-in-fact for any and all such purposes. Upon request of the Corporation, and upon being furnished an Officer’s Officers' Certificate stating that one or more named Persons are Secured Senior Creditors and specifying the amount and nature of the Secured Senior Indebtedness of such Secured Senior Creditor, the Trustee shall enter into a written agreement or agreements with the Corporation and the Person or Persons named in such Officer’s Officers' Certificate providing that such Person or Persons are entitled to all the rights and benefits of this Article 5 as a Secured Senior Creditor and for such other matters, such as an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Secured Senior Creditor, as the Secured Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Secured Senior Indebtedness, however, nothing herein shall impair the rights of any Secured Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Energy Fuels Inc)

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