Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.5, the holders of Debentures and the Company shall continue to have and be subject to their respective rights, duties and obligations under Article 2. (2) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 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 Common Shares or other securities of the Company in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company return to the Company from time to 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). (3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or 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 Company 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 accepted any such offer of the Company the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the Company, 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 accepted any such offer to the Company (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 3 contracts
Samples: Debenture Indenture, Debenture Indenture, Debenture Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 Subsection 2.4(d) (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(j) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 3 contracts
Samples: Debenture Indenture (Molycorp, Inc.), Debenture Indenture (Ivanhoe Energy Inc), Debenture Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company shall Corporation will continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 3, Article 4, Article 6, Article 9, Section 8.4 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures2.2(f), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall will, upon receipt of a Written Direction of the Company Corporation, return to the Company Corporation 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 will 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or the comparable provision of any other series of Debentures2.2(k), 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 Company shall Corporation will 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 accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or offer to purchase the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the CompanyCorporation, the Debenture Trustee shall will be entitled to pay to such holder from such trust money or 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 accepted any such offer to from the Company Corporation (which amount shall will be based on the applicable principal amount of the Defeased Debentures held by accepting offerees holders that accept any such offer in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 2 contracts
Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property Common Shares have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2.
(2) In the event that, after the deposit of trust funds or trust property Common Shares 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 Common Shares or other securities of the Company in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property Common Shares deposited with the 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).
(3) In the event that, after the deposit of trust funds or trust property Common Shares pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase convert any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or the comparable provision of any other series of Debenturessubsection 2.5(12), 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 Company Corporation shall be entitled to use any trust money or trust property Common Shares deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the CompanyCorporation, the Trustee shall be entitled to pay to such holder from such trust money or trust property Common Shares deposited with the 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 accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 2 contracts
Samples: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Continuance of Rights, Duties and Obligations. (1) 9.6.1 Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Articles 2, 4 and 6 and the provisions of Article 21 pertaining to the foregoing provisions, as may be applicable.
(2) 9.6.2 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures)2.4.8, Article 5 6 or any other provision of this Indenture, the Trustee Debenture Agent shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Trustee Debenture Agent 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).
(3) 9.6.3 In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), 2.4.10 in relation to Initial Convertible Debentures or to purchase or make an offer to purchase Debentures pursuant to any other similar provisions relating to any other series of Debentures, the Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee Debenture Agent pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial offer to purchase the Convertible Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, the Trustee Debenture Agent shall be entitled to pay to such holder from such trust money or trust property deposited with the Trustee Debenture Agent 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 accepted any such offer to from the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees holders that accept any such offer in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 2 contracts
Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4, and Article 5.
(2b) In Subject to the provisions of Section 9.6(a), 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 Common Shares Units or other securities of the Company in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company return to the Company from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.1(h) (in respect of Initial Debentures or 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 Company shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the Company, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 2.5(d) (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 Trustee Trustees shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Trustee Trustees 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). In addition, the Corporation shall deliver to the Trustees an opinion of Counsel and an Officers’ Certificate stating that all conditions precedent herein provided relating to the payment, satisfaction and discharge of the Defeased Debentures have been complied with.
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(82.5(k) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to direct the Trustees to use any trust money or trust property deposited with the Trustee Trustees pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, the Trustee Trustees shall be entitled to pay to such holder from such trust money or trust property deposited with the Trustee Trustees 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 accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures). In addition, the Corporation shall deliver to the Trustees an opinion of Counsel and an Officers’ Certificate stating that all conditions precedent herein provided relating to the payment, satisfaction and discharge of the Defeased Debentures have been complied with.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.512.5, the holders of Debentures Debentureholders and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4, Article 5, Article 6, Article 7, Article 8, Article 10 and Article 11.
(2b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 12.5 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 Subsection 2.4(f) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 10 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Trustee pursuant to Section 8.5 12.5 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.512.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(h) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 12.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the CompanyCorporation, 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 12.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 2 contracts
Samples: First Supplemental Convertible Debenture Indenture (Mogo Inc.), Convertible Debenture Indenture (Mogo Finance Technology Inc.)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.58.4, the holders of Debentures Notes and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 8.4, in respect of a series of Debentures the Notes (the “Defeased DebenturesNotes”), any holder of any of the Defeased Debentures Notes from time to time converts its Debentures Notes to Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures)2.2, Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Trustee pursuant to Section 8.5 8.4, in respect of the Defeased Debentures Notes which is applicable to the Defeased Debentures Notes so converted (which amount shall be based on the applicable principal amount of the Defeased Debentures Notes being converted in relation to the aggregate outstanding principal amount of all the Defeased DebenturesNotes).
(3) . In the event that, after the deposit of trust funds or trust property pursuant to Section 8.58.4, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures Notes pursuant to Section 2.5(8) (in respect of Initial Debentures or the comparable provision of any other series of Debentures2.2(9), 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 8.4, for the purpose of paying to any holders of Defeased Debentures Notes who have accepted any such offer of the Company Corporation the Offer Liquidity Event Purchase Price payable to such holders in respect of such Change of Control Offer Liquidity Event Purchase Option in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures)Notes. Upon receipt of a Written Direction from of the CompanyCorporation, 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 8.4, in respect of the Defeased Debentures Notes which is applicable to the Defeased Debentures Notes held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures Notes held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased DebenturesNotes).
Appears in 1 contract
Samples: Indenture (Sundial Growers Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Trust shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4, as may be applicable.
(2b) 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 Common Shares Units or other securities of the Company Trust in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Subsection 2.4(f) Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall upon receipt of a Written Direction Directions of the Company Trust return to the Company 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Trust is required to make a Change of Control an Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(h) (in respect of Initial Debentures or 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 Company Trust shall be entitled to use any trust money or trust property deposited with the the. Debenture Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Trust the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyTrust, the Debenture Trustee shall be entitled to pay to such holder from such trust money or 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 accepted any such offer to the Company Trust (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.5, the holders of Debentures Debentureholders and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 3 hereof.
(2b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 in respect of a series of the Debentures (the “Defeased Debentures”), any holder of any of the Defeased Debentures from time to time converts its Debentures to Common Shares or other securities of the Company in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this IndentureCorporation, the Indenture Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Indenture 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8) (in respect the exercise of Initial Debentures or the comparable provision a Change 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 DebenturesControl Option, the Company Corporation shall be entitled to use any trust money or trust property deposited with the Indenture Trustee pursuant to Section 8.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any elected such offer option the Change of the Company the Offer Control Purchase Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures)Option. Upon receipt of a Written Direction from of the CompanyCorporation, the Indenture Trustee shall be entitled to pay to such holder from such trust money or trust property deposited with the Indenture 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 accepted any exercised such offer to the Company option (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees holders who have exercised their option in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Trust Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.510.5, the holders of Debentures and the Company shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4, and Article 5.
(2b) In Subject to the provisions of Section 10.6(a), in the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 10.5 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 Common Conversion Shares or other securities of the Company in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company return to the Company from time to time the proportionate amount of the trust funds or other trust property deposited with the Trustee pursuant to Section 8.5 10.5 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.510.5, the Company is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.1(h) (in respect of Initial Debentures or 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 Company shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 10.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the Company, 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 10.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 14.
(2) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 2.4 (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(82.4(7) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Change of Control Purchase Price payable to such holders in respect of such Change of Control Offer Purchase Option in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture (Organigram Holdings Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2Articles 2 and 4.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 Subsection 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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(j) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 6.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.1(e), Article 5 6 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.1(h), 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures)Purchase Offer. Upon receipt of a Written Direction from of the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Convertible Debenture Indenture
Continuance of Rights, Duties and Obligations.
(1) Where trust funds or trust property have been deposited pursuant to Section 8.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 Subsection 2.4(4) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(8) (in respect of Initial Debentures or 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 Company 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 accepted any such offer of the Company Corporation the Offer Change of Control Purchase Price payable to such holders in respect of such Change of Control Offer Purchase Option in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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 and accrued and unpaid interest thereon (less any Tax which the Corporation is required by law to deduct or withhold from such interest payment) in relation to the aggregate outstanding principal amount of all the Defeased DebenturesDebentures and all accrued and unpaid interest thereon (less any Tax which the Corporation is required by law to deduct or withhold from such interest payment)).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.5(7) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees and accrued and unpaid interest thereon (less any Tax which the Corporation is required by law to deduct or withhold from such interest payment) in relation to the aggregate outstanding principal amount of all the Defeased DebenturesDebentures and all accrued and unpaid interest thereon (less any Tax which the Corporation is required by law to deduct or withhold from such interest payment)).
Appears in 1 contract
Samples: Secured Convertible Debenture Indenture (Starfighters Space, Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.5, the holders of Debentures Notes and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 5 and the provisions of Article 1 pertaining to the foregoing provisions as applicable.
(2b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 in respect of a series of Debentures the Notes (the “Defeased DebenturesNotes”), any holder of any of the Defeased Debentures Notes from time to time converts its Debentures Notes to Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures)Article 4, Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to 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 Notes which is applicable to the Defeased Debentures Notes so converted (which amount shall be based on the applicable principal amount of the Defeased Debentures Notes being converted in relation to the aggregate outstanding principal amount of all the Defeased DebenturesNotes).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Purchase Offer pursuant to Section 6.10 or an Offer on Sale of Assets pursuant to Section 6.11, in each case, to purchase any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or 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 DebenturesNotes, the Company 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 Notes who have accepted any such offer of the Company Corporation the Offer Price Change of Control Payment or the Sale of Assets Payment, as applicable, payable to such holders in respect of such Change of Control Purchase Offer or Offer on Sale of Assets, as applicable, in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures)Notes. Upon receipt of a Written Direction from the CompanyCorporation, 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 Notes which is applicable to the Defeased Debentures Notes held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures Notes held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased DebenturesNotes).
Appears in 1 contract
Samples: Indenture (Terrace Energy Corp)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 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 Common Shares or other securities of the Company in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this Indenture9.5, the Trustee shall upon receipt of a Written Direction of the Company return to the Company from time to 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.5(9) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).”
(8) Section 10.1(a) of the Indenture is hereby deleted and replaced with the following:
(a) the Person formed by such consolidation or into which the Corporation is amalgamated or merged, or the Person which acquires by sale, conveyance, transfer or lease all or substantially all of the properties and assets of the Corporation expressly assumes, by an indenture supplemental hereto, executed and delivered to the Trustee, in form satisfactory to the Trustee, the obligations of the Corporation under the Debentures and this Indenture and the performance or observance of every covenant and provision of this Indenture and the Debentures required on the part of the Corporation to be performed or observed;”
(9) Section 11.11 of the Indenture is hereby deleted and replaced with the following:
Appears in 1 contract
Samples: Supplemental Indenture
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.510.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 5.
(2) In To the extent applicable to any series of Debentures, in the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 10.5 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 Common Shares or other into securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision terms of any other series of Debentures), Article 5 or any other provision of this Indenturesupplemental indenture providing for such conversion, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Trustee pursuant to Section 8.5 10.5 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.510.5, the Company Corporation is required to make a Change of Control Offer to purchase or convert, as the case may be, any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 10.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price offer price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures purchase or conversion (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the CompanyCorporation, 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 10.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures Debentureholders and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 3 and Section 4.1 hereof.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 Subsection 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 Indenture Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Indenture 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(f) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Indenture Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the CompanyCorporation, the Indenture Trustee shall be entitled to pay to such holder from such trust money or trust property deposited with the Indenture 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 accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Trust Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 6 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.4(e), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(i) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), in relation to Initial Debentures or to purchase or make an offer to purchase Debentures pursuant to any other similar provisions relating to any other series of Debentures, the Company Corporation 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 accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of offer to purchase the Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, the Debenture Trustee shall be entitled to pay to such holder from such trust money or 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 accepted any such offer to from the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees holders that accept any such offer in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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 and accrued and unpaid interest thereon being converted in relation to the aggregate outstanding principal amount of all the Defeased DebenturesDebentures and all accrued and unpaid interest thereon).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.5(7) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures and accrued and unpaid interest thereon held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased DebenturesDebentures and all accrued and unpaid interest thereon).
Appears in 1 contract
Continuance of Rights, Duties and Obligations.
(1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.5(7) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 6 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable.
(2b) 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 the Debentures (the “"Defeased Debentures”"), any holder of any of the Defeased Debentures from time to time converts its Debentures to Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.2(f), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.2(j) (in respect of Initial Debentures or 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 the Debentures, the Company Corporation 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 accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or offer to purchase the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, the Debenture Trustee shall be entitled to pay to such holder from such trust money or 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 accepted any such offer to from the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees holders that accept any such offer in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Convertible Debenture Indenture (Transglobe Energy Corp)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 2.4(7) (in respect of Initial Issued Debentures or the comparable provision of any other series of Debentures), Article 5 6 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(82.4(11) (in respect of Initial Issued Debentures or the comparable provision of any other series of Debentures), in relation to Initial Issued Debentures or to make an offer to purchase Debentures pursuant to any other similar provisions relating to any other series of Debentures, the Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Change of Control Purchase Price payable to such holders in respect of such Change of Control Offer Purchase Option in respect of Initial Issued Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company shall REIT will continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 3, Article 4, Article 6, Article 9, Section 8.4 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable.
(2b) 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 Common Shares Units or other securities of the Company REIT in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.4(f), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall will, upon receipt of a Written Direction of the Company REIT, return to the Company REIT 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 will 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company REIT is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(l) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), in relation to Initial Debentures or to purchase or make an offer to purchase Debentures pursuant to any other similar provisions relating to any other series of Debentures, the Company shall REIT will 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 accepted any such offer of the Company REIT the Offer Price (plus accrued and unpaid interest) payable to such holders in respect of such Change of Control Offer in respect of offer to purchase the Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from of the CompanyREIT, the Debenture Trustee shall will be entitled to pay to such holder from such trust money or 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 accepted any such offer to from the Company REIT (which amount shall will be based on the applicable principal amount of the Defeased Debentures held by accepting offerees holders that accept any such offer in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Trust Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.5, the holders of Debentures Notes and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 5 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable.
(2b) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 in respect of a series of Debentures Notes (the “Defeased DebenturesNotes”), any holder of any of the Defeased Debentures Notes from time to time converts its Debentures Notes to Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this Indenture, the Note Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the Note Trustee pursuant to Section 8.5 in respect of the Defeased Debentures Notes which is applicable to the Defeased Debentures Notes so converted (which amount shall be based on the applicable principal amount of the Defeased Debentures Notes being converted in relation to the aggregate outstanding principal amount of all the Defeased DebenturesNotes).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures Notes pursuant to Section 2.5(8subsection 2.2(e) (in respect of Initial Debentures or 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 DebenturesNotes, the Company Corporation shall be entitled to use any trust money or trust property deposited with the Note Trustee pursuant to Section 8.5 for the purpose of paying to any holders of Defeased Debentures Notes who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or offer to purchase the total offer price payable in respect of an offer relating to any other series of Debentures)Notes. Upon receipt of a Written Direction from of the CompanyCorporation, the Note Trustee shall be entitled to pay to such holder from such trust money or trust property deposited with the Note Trustee pursuant to Section 8.5 in respect of the Defeased Debentures Notes which is applicable to the Defeased Debentures Notes held by such holders who have accepted any such offer to from the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures Notes held by accepting offerees holders that accept any such offer in relation to the aggregate outstanding principal amount of all the Defeased DebenturesNotes).
Appears in 1 contract
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 in respect of a series of the Debentures (the “Defeased Debentures”), any holder of any of the Defeased Debentures from time to time converts its Debentures to Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures)2.1, Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8) (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.1(7), 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 Company 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 accepted any such offer of the Company Corporation the Offer Change of Control Purchase Price payable to such holders in respect of such Change of Control Offer Purchase Option in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture (HEXO Corp.)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4 and Article 6.
(2) In Subject to the provisions of Section 9.6(1), 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.3(12) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, the Trustee shall be entitled to pay to such holder holders from such trust money or trust property deposited with the 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 accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2Articles 2 and 4.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 Subsection 2.4(f) (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(j) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Convertible Debenture Indenture (Anderson Energy LTD)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.5(7) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture (Aurora Cannabis Inc)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 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 Common Shares or other securities of the Company Corporation in accordance with Section Subsection 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this Indenture, the Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to 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).
(3) . In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section Subsection 2.5(8) (in respect of Initial Debentures or 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 Company 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 accepted any such offer of the Company Corporation the Offer Change of Control Purchase Price payable to such holders in respect of such Change of Control Offer Purchase Option in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) 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 Common Subordinate Voting Shares or other securities of the Company Corporation in accordance with Section 2.5 (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.5(9) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4, Article 5, Article 6 and Article 10 and the provisions of Article 1 pertaining to the foregoing.
(2b) 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 Common Shares or other securities of the Company in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.4(h), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall upon receipt of a Written Direction of the Company return to the Company 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company is required to make a Change of Control an Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(j) (in respect of Initial Debentures or 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 Company 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 accepted any such offer of the Company the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the Company, the Debenture Trustee shall be entitled to pay to such holder from such trust money or trust property deposited with the Debenture Trustee pursuant to Section 8.5 9.5 in respect of the Defeased Debentures the amount which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 2.4(f) (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(82.4(h) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Convertible Debenture Indenture (Crailar Technologies Inc)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Trust shall continue to have and be subject to their respective rights, duties and obligations under Article 2Articles 2 and 4.
(2b) 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”"DEFEASED DEBENTURES"), any holder of any of the Defeased Debentures from time to time converts its Debentures to Common Shares Trust Units or other securities of the Company Trust in accordance with Section 2.5 Subsection 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 Company Trust return to the Company 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Trust is required to make a Change of Control an Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(i) (in respect of Initial Debentures or 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 Company 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 accepted any such offer of the Company Trust the Total Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyTrust, the Debenture Trustee shall be entitled to pay to such holder from such trust money or 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 accepted any such offer to the Company Trust (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 2.4(d) (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(82.4(j) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4, Article 5, Article 6 and Article 10 and the provisions of Article 1 pertaining to the foregoing.
(2b) In the event that, after the deposit of trust funds or trust property Common Shares 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.4(g), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company from time to time Corporation the proportionate amount of the trust funds or other trust property Common Shares 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).
(3c) In the event that, after the deposit of trust funds or trust property Common Shares pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer an offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(j) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), in relation to Initial Debentures or pursuant to Subsection 2.5(j) in relation to Second Debentures or to make an offer to purchase Debentures pursuant to any other similar provisions relating to any other series of Debentures, the Company Corporation shall be entitled to use any trust money or trust property Common Shares 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 accepted any such offer of the Company Corporation the Total Initial Debentures Offer Price payable to such holders in respect of such Change of Control Offer offer in respect of Initial Debentures or the Total Second Debentures Offer Price payable to such holders in respect of such offer in respect of Second Debentures (or the total offer put price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, the Debenture Trustee shall be entitled to pay to such holder from such trust money or trust property Common Shares deposited with the Debenture Trustee pursuant to Section 8.5 9.5 in respect of the Defeased Debentures the amount which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
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Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 2.4(f) (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 Trustee shall upon receipt of a Written Direction of the Company Corporation return to the Company Corporation from time to time the proportionate amount of the trust funds or other trust property deposited with the 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(82.4(h) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Convertible Debenture Indenture (Crailar Technologies Inc)
Continuance of Rights, Duties and Obligations. (1) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 22 and Article 4.
(2) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5 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 Common Shares or other securities of the Company in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 5 or any other provision of this Indenture9 .5 , the Trustee shall upon receipt of a Written Direction of the Company return to the Company from time to 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).
(3) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8subsection 2.5(9) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Offer Price payable to such holders in respect of such Change of Control Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).”
(8) Section 10.1(a) of the Indenture is hereby deleted and replaced with the following:
(a) the Person formed by such consolidation or into which the Corporation is amalgamated or merged, or the Person which acquires by sale, conveyance, transfer or lease all or substantially all of the properties and assets of the Corporation expressly assumes, by an indenture supplemental hereto, executed and delivered to the Trustee, in form satisfactory to the Trustee, the obligations of the Corporation under the Debentures and this Indenture and the performance or observance of every covenant and provision of this Indenture and the Debentures required on the part of the Corporation to be performed or observed;”
(9) Section 11.11 of the Indenture is hereby deleted and replaced with the following:
Appears in 1 contract
Samples: Supplemental Indenture
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company shall Corporation will continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 3, Article 4, Article 6, Article 9, Section 8.4 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Initial Debentures or the comparable provision of any other series of DebenturesSubsection 2.4(f), Article 5 6 or any other provision of this Indenture, the Debenture Trustee shall must, upon receipt of a Written Direction of the Company Corporation, return to the Company Corporation 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 will 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(j) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), in relation to Initial Debentures or to purchase or make an offer to purchase Debentures pursuant to any other similar provisions relating to any other series of Debentures, the Company shall Corporation will 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 accepted any such offer of the Company Corporation the Offer Price (plus accrued and unpaid interest) payable to such holders in respect of such Change of Control Offer in respect of offer to purchase the Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, the Debenture Trustee shall will be entitled to pay to such holder from such trust money or 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 accepted any such offer to from the Company Corporation (which amount shall will be based on the applicable principal amount of the Defeased Debentures held by accepting offerees holders that accept any such offer in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Continuance of Rights, Duties and Obligations. (1a) Where trust funds or trust property have been deposited pursuant to Section 8.59.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4, Article 6 and Section 14.15 hereof.
(2b) 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 Common Shares or other securities of the Company Corporation in accordance with Section 2.5 Subsection 2.4(d) (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 Company Corporation return to the Company Corporation 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).
(3c) In the event that, after the deposit of trust funds or trust property pursuant to Section 8.59.5, the Company Corporation is required to make a Change of Control Purchase Offer to purchase any outstanding Debentures pursuant to Section 2.5(8Subsection 2.4(k) (in respect of Initial Debentures or 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 Company Corporation shall be entitled to use any trust money or trust property deposited with the Trustee pursuant to Section 8.5 9.5 for the purpose of paying to any holders of Defeased Debentures who have accepted any such offer of the Company Corporation the Total Offer Price payable to such holders in respect of such Change of Control Purchase Offer in respect of Initial Debentures (or the total offer price payable in respect of an offer relating to any other series of Debentures). Upon receipt of a Written Direction from the CompanyCorporation, 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 9.5 in respect of the Defeased Debentures which is applicable to the Defeased Debentures held by such holders who have accepted any such offer to the Company Corporation (which amount shall be based on the applicable principal amount of the Defeased Debentures held by accepting offerees in relation to the aggregate outstanding principal amount of all the Defeased Debentures).
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)