Common use of Continuance of Rights, Duties and Obligations and Release of Trust Funds Clause in Contracts

Continuance of Rights, Duties and Obligations and Release of Trust Funds. (a) Where trust funds or trust property have been deposited pursuant to Section 8.5, the Debentureholders and the Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 5, as may be applicable. (b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 in respect of Debentures (the “Defeased Debentures”), any holder of any of the Defeased Debentures from time to time converts its Debentures to Shares or other securities of the Corporation in accordance with Section 2.3(e), 2.3(n), Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Corporation return to the Corporation from time the proportionate amount of the trust funds or other trust property deposited with the Trustee pursuant to Section 8.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures so converted (which amount shall be based on the applicable principal amount of the Defeased Debentures being converted in relation to the aggregate outstanding principal amount of all the Defeased Debentures). (c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Corporation is required to provide a Change of Control Notice pursuant to Section 2.3(l) or 2.3(m) in relation to Debentures, the Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 for the purpose of paying to any holders of Defeased Debentures who have tendered for purchase pursuant to the Put Right or the Change of Control Redemption Right, the Total Put Price or Change of Control Redemption Price, respectively, payable to such holders in respect of the Change of Control Notice. Upon receipt of a Written Direction from the Corporation, the Trustee shall be entitled to pay to such holder from such trust money or trust property deposited with the Trustee pursuant to Section 8.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have tendered for purchase pursuant to the Put Right or the Change of Control Redemption Right in respect of Debentures (which amount shall be based on the applicable principal amount of the Defeased Debentures held by tendering Debentureholders in relation to the aggregate outstanding principal amount of all the Defeased Debentures).

Continuance of Rights, Duties and Obligations and Release of Trust Funds. (a) Where trust funds or trust property have been deposited pursuant to Section 8.5, the Debentureholders and the Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 5, as may be applicable. (b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 in respect of Debentures (the “Defeased Debentures”), any holder of any of the Defeased Debentures from time to time converts its Debentures to Shares or other securities of the Corporation in accordance with Section 2.3(e), 2.3(n), Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Corporation return to the Corporation from time the proportionate amount of the trust funds or other trust property deposited with the Trustee pursuant to Section 8.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures so converted (which amount shall be based on the applicable principal amount of the Defeased Debentures being converted in relation to the aggregate outstanding principal amount of all the Defeased Debentures). (c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Corporation is required to provide a Change of Control Notice pursuant to Section 2.3(l) or 2.3(m) in relation to Debentures, the Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 for the purpose of paying to any holders of Defeased Debentures who have tendered for purchase pursuant to the Put Right or the Change of Control Redemption Right, the Total Put Price or Change of Control Redemption Price, respectively, payable to such holders in respect of the Change of Control Notice. Upon receipt of a Written Direction from the Corporation, the Trustee shall be entitled to pay to such holder from such trust money or trust property deposited with the Trustee pursuant to Section 8.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have tendered for purchase pursuant to the Put Right or the Change of Control Redemption Right in respect of Debentures (which amount shall be based on the applicable principal amount of the Defeased Debentures held by tendering Debentureholders in relation to the aggregate outstanding principal amount of all the Defeased Debentures).

Continuance of Rights, Duties and Obligations and Release of Trust Funds. (a) Where trust funds or trust property have been deposited pursuant to Section 8.5, the Debentureholders and the Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 5, as may be applicable. (b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 in respect of Debentures (the “"Defeased Debentures”"), any holder of any of the Defeased Debentures from time to time converts its Debentures to Shares or other securities of the Corporation in accordance with Section 2.3(e), 2.3(n), Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Corporation return to the Corporation from time the proportionate amount of the trust funds or other trust property deposited with the Trustee pursuant to Section 8.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures so converted (which amount shall be based on the applicable principal amount of the Defeased Debentures being converted in relation to the aggregate outstanding principal amount of all the Defeased Debentures). (c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Corporation is required to provide a Change of Control Notice pursuant to Section 2.3(l) or 2.3(m) in relation to Debentures, the Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 for the purpose of paying to any holders of Defeased Debentures who have tendered for purchase pursuant to the Put Right or the Change of Control Redemption Right, the Total Put Price or Change of Control Redemption Price, respectively, payable to such holders in respect of the Change of Control Notice. Upon receipt of a Written Direction from the Corporation, the Trustee shall be entitled to pay to such holder from such trust money or trust property deposited with the Trustee pursuant to Section 8.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have tendered for purchase pursuant to the Put Right or the Change of Control Redemption Right in respect of Debentures (which amount shall be based on the applicable principal amount of the Defeased Debentures held by tendering Debentureholders in relation to the aggregate outstanding principal amount of all the Defeased Debentures).

Continuance of Rights, Duties and Obligations and Release of Trust Funds. (a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the Debentureholders holders of Debentures and the Corporation Trust shall continue to have and be subject to their respective rights, duties and obligations under Article Articles 2, 3, 4, 6 and Section 7.4 (except as otherwise permitted by Article 4 11), Section 8.4 and the provisions of Article 51 pertaining to the foregoing provisions hereof, as may be applicable. (b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 9.5 in respect of a series of Debentures (the “Defeased Debentures”), any holder of any of the Defeased Debentures from time to time converts its Debentures to Shares Trust Units or other securities of the Corporation Trust in accordance with Section 2.3(e), 2.3(nSubsection 2.4(e) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall upon receipt of a Written Direction of the Corporation Trust return to the Corporation Trust from time to time the proportionate amount of the trust funds or other trust property deposited with the Debenture Trustee pursuant to Section 8.5 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures so converted (which amount shall be based on the applicable principal amount of the Defeased Debentures being converted in relation to the aggregate outstanding principal amount of all the Defeased Debentures). (c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Corporation Trust is required to provide a Change of Control Notice make an Offer to purchase any outstanding Debentures pursuant to Section 2.3(lSubsection 2.4(i) (in respect of Initial Debentures or 2.3(m) the comparable provision of any other series of Debentures), in relation to Initial Debentures or to make an offer to purchase Debentures pursuant to any other similar provisions relating to any other series of Debentures, the Corporation Trust shall be entitled to use any trust money or trust property deposited with the Debenture Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have tendered for purchase pursuant to accepted any such offer of the Put Right or the Change of Control Redemption Right, Trust the Total Put Offer Price or Change of Control Redemption Price, respectively, payable to such holders in respect of such Offer in respect of Initial Debentures (or the Change total offer price payable in respect of Control Noticean offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CorporationTrust, the Debenture Trustee shall be entitled to pay to such holder holders of Defeased Debentures from such trust money or trust property the proportionate amount of the trust funds or other trust property deposited with the Debenture Trustee pursuant to Section 8.5 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have tendered for purchase pursuant to accepted any such offer of the Put Right or the Change of Control Redemption Right in respect of Debentures Trust (which amount shall be based on the applicable principal amount of the Defeased Debentures held by tendering Debentureholders accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).