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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 Agent 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 Agent 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 an Officers’ Certificate stating that one or more named persons are Senior Creditors, and specifying the amount and nature of the Senior Indebtedness of such Senior Creditors, the Debenture Agent shall enter into a written agreement or agreements with the Corporation and the person or persons named in such Officers’ 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 Officers’ Certificate and in such agreement. 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: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)

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Confirmation of Subordination. Each holder of Debentures Note by his acceptance thereof authorizes and directs the Debenture Agent Note 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 Agent Note Trustee his attorney-in-fact for any and all such purposes. This power of attorney, being coupled with an interest and rights, appointment shall be irrevocable. Upon request of the Corporation, and upon being furnished an Officers’ Officer’s Certificate stating that one or more named persons are Senior Creditors, and specifying the amount and nature of the Senior Indebtedness of such Senior Creditors, the Debenture Agent Note Trustee shall enter into a written agreement or agreements with the Corporation and the person or persons named in such Officers’ 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 Officers’ Officer’s Certificate and in for such agreementother matters as the Senior Creditors and the Corporation may agree upon. 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 1 contract

Samples: Trust Indenture (Just Energy Group Inc.)

Confirmation of Subordination. Each holder of Debentures by his or her acceptance thereof of the Debentures authorizes and directs the Debenture Agent Trustee on his or her 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 Agent 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 CorporationCompany, and upon being furnished with an Officers’ Officer’s Certificate stating that one or more named persons Persons are Senior Creditors, Creditors and specifying the amount and nature of the Senior Indebtedness of such Senior CreditorsCreditor, the Debenture Agent Trustee shall enter into a written agreement or agreements with the Corporation Company and the person Person or persons Persons named in such Officers’ 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 Senior Creditor specified in such Officers’ Certificate and in such agreementCreditor. Such agreement shall be conclusive evidence that the indebtedness specified therein is Senior Indebtedness. However, provided however, nothing herein shall impair the rights of any Senior Creditor who has not entered into such an agreement.

Appears in 1 contract

Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Debenture Agent 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 Agent Trustee his attorney-in-fact for any and all such purposes. This power of attorney, being coupled with an interest and rights, appointment shall be irrevocable. Upon request of the Corporation, and upon being furnished an Officers’ Officer’s Certificate stating that one or more named persons are Senior Creditors, and specifying the amount and nature of the Senior Indebtedness of such Senior Creditors, the Debenture Agent Trustee shall enter into a written agreement or agreements with the Corporation and the person or persons named in such Officers’ 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 Officers’ Officer’s Certificate and in for such agreementother matters as the Senior Creditors and the Corporation may agree upon. 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 1 contract

Samples: Trust Indenture (Primero Mining Corp)

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Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Debenture Agent 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 Agent 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 an Officers' Certificate stating that one or more named persons Persons are Senior Creditors, Creditors and specifying the amount and nature of the Senior Indebtedness of such Senior CreditorsCreditor, the Debenture Agent Trustee shall enter into a written agreement or agreements with the Corporation and the person Person or persons Persons named in such Officers' 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 and for such other matters, as the Senior Creditor may reasonably request, including, without limitation, those items set out in such Officers’ Certificate and in such agreementSection 5.17. 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: Debenture Indenture (Bellatrix Exploration Ltd.)

Confirmation of Subordination. Each holder of Debentures by his acceptance thereof authorizes and directs the Debenture Agent 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 Agent 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 an Officers’ Officer's Certificate stating that one or more named persons Persons are Senior Creditors, Creditors and specifying the amount and nature of the Senior Indebtedness of such Senior CreditorsCreditor, the Debenture Agent Trustee shall enter into a written agreement or agreements with the Corporation and the person or persons Persons named in such Officers’ Officer's Certificate providing that such person or persons Persons are entitled to all the rights and benefits of this Article 5 as a Senior Creditor specified in such Officers’ Certificate and in such agreementCreditors. 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: Note Indenture (PENGROWTH ENERGY Corp)

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