Common use of Confirmation of Subordination Clause in Contracts

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. This power of attorney, being coupled with an interest and rights, shall be irrevocable. Upon request of the Corporation, and upon being furnished with an Officer's Certificate stating that one or more named Persons are Senior Creditors, and specifying the maximum amount and nature of the Senior Indebtedness of such Senior Creditors, the Debenture 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 Senior Creditor specified in such Officer's Certificate and in such agreement, which may include, among other things, an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Senior Creditor. Such agreement shall be conclusive evidence that the indebtedness specified therein is Senior Indebtedness. However, nothing herein shall impair the rights of any Senior Creditor who has not entered into such an agreement.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)

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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. This power of attorney, being coupled with an interest and rights, shall be irrevocable. Upon request of the CorporationTrust, and upon being furnished with an Officer's ’s Certificate stating that one or more named Persons persons are Senior Creditors, Creditors and specifying the maximum amount and nature of the Senior Indebtedness of such Senior CreditorsCreditor, 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 Senior Creditor specified in and for such Officer's Certificate and in other matters, such agreement, which may include, among other things, as an agreement not to amend the provisions of this Article 5 and the definitions used herein without the consent of such Senior Creditor, as the Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Senior Indebtedness. However, however, nothing herein shall impair the rights of any Senior Creditor who has not entered into such an agreement.

Appears in 2 contracts

Samples: Trust Indenture (Pengrowth Energy Trust), Trust Indenture (Canetic Resources Trust)

Confirmation of Subordination. Each holder of Debentures Debentureholder 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. This power of attorney, being coupled with an interest and rights, shall be irrevocable. Upon request of the Corporation, and upon being furnished with an Officer's ’s Certificate stating that one or more named Persons persons are Senior Creditors, Creditors and specifying the maximum amount and nature of the Senior Indebtedness of such Senior CreditorsCreditor, 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 ’s Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 as a Senior Creditor specified in and for such Officer's Certificate and in other matters, such agreement, which may include, among other things, as an agreement not to amend the provisions of this Article 5 and the definitions herein herein, which prejudice the rights of the holders of Senior Indebtedness under this Article 5 without the consent of such Senior Creditor, or their representative or the trustee under any indenture under which any instruments evidencing any of such Senior Indebtedness may have been issued as the Senior Creditor may reasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Senior Indebtedness. However, however, nothing herein shall impair the rights of any Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Indenture (Vision Marine Technologies Inc.)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Debenture Trustee on in 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. This power of attorney, being coupled with an interest and rights, shall be irrevocable. Upon request of the Corporation, and upon being furnished with an Officer's Officers’ Certificate stating that one or more named Persons persons are holders of Senior CreditorsIndebtedness, or the representative or representatives of such holders, or the trustee or trustees under which any instrument evidencing such Senior Indebtedness may have been issued, and specifying the maximum amount and nature of the Senior Indebtedness of such Senior CreditorsIndebtedness, the Debenture Trustee shall must 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 the holder or holders, representative or representatives, or trustee or trustees of the Senior Creditor Indebtedness specified in such Officer's Officers’ Certificate and in such agreement, which may include, among other things, an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Senior Creditor. Such agreement shall will be conclusive evidence that the indebtedness specified therein is Senior Indebtedness. However, however, nothing herein shall will impair the rights of any holder of Senior Creditor Indebtedness who has not entered into such an agreement.

Appears in 1 contract

Samples: Trust Indenture (Boralex Inc.)

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Confirmation of Subordination. Each holder of Debentures by his acceptance thereof irrevocably authorizes and directs the Debenture Trustee on his behalf to take such action as the Corporation determines may be necessary or appropriate to effect the subordination as provided in this Article 5 Indenture and appoints the Debenture Trustee as his attorney-in-fact for any and all such purposes. This power of attorney, being coupled with an interest and rights, shall be is irrevocable. Upon request of the Corporation, and upon being furnished with an Officer's ’s Certificate stating that one or more named Persons persons are Senior Creditors, and specifying the maximum amount and nature of the Senior Indebtedness of such Senior CreditorsSecured Indebtedness, 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 ’s Certificate providing that such Person person or Persons persons are entitled to all the rights and benefits of this Article 5 Indenture as a the holder or holders, representative or representatives, or trustee or trustees of the Senior Creditor Secured Indebtedness specified in such Officer's ’s Certificate and in for such agreement, which other matters as holders of Senior Secured Indebtedness may include, among other things, an agreement not to amend the provisions of this Article 5 and the definitions herein without the consent of such Senior Creditorreasonably request. Such agreement shall be conclusive evidence that the indebtedness specified therein is Senior Secured Indebtedness. However, however, nothing herein shall impair the rights of any holder of Senior Creditor Secured Indebtedness who has not entered into such an agreement.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

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