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

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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. (b) 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 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 Units or other securities of the Company in accordance with Article 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 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).

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.)

AutoNDA by SimpleDocs

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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 and Article 4, and Article 5. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Section 2.4(g) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 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 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).

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.510.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2, 2 and Article 4, and Article 5. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 9.5 10.5 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 Units Common Shares or other securities of the Company Corporation in accordance with Section 2.2(e), Article 6 or any other provision of this Indenture, the Trustee shall 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 9.5 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).

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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, 4 and Article 56 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Shares or other securities of the Company Corporation in accordance with Subsection 2.2(f), Article 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 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).

Appears in 1 contract

Samples: Convertible Debenture Indenture (Transglobe Energy Corp)

Continuance of Rights, Duties and Obligations. (a1) Where trust funds or trust property have been deposited pursuant to Section 9.5, the holders of Debentures the Parent, and the Company shall continue to have and be subject to their respective rights, duties and obligations under Article 2, 2 and Article 4, and Article 5. (b2) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units or other securities of the Company Parent in accordance with Subsection 2.4 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 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 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).

Appears in 1 contract

Samples: Indenture

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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, 4 and Article 56 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Shares or other securities of the Company Corporation in accordance with Subsection 2.2(h), Article 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 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).

Appears in 1 contract

Samples: Convertible Secured Debenture Indenture

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.58.5, 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 6 and Article 57. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 9.5 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 Units Shares or other securities of the Company Corporation in accordance with Article 6 Section 2.1(e) 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 9.5 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).

Appears in 1 contract

Samples: Convertible Debenture Indenture

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, the holders of Debentures and the Company Corporation shall continue to have and be subject to their respective rights, duties and obligations under Article 2ARTICLE II, Article 4, ARTICLE IV and Article 56. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Article 6 Subsection 2.4(e) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), ARTICLE VI 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 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).

Appears in 1 contract

Samples: Convertible Debenture Indenture (Brigus Gold Corp.)

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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, 4 and Article 56 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Subsections 2.4(f) and, if applicable, 2.4(k) (in both cases in respect of Initial Debentures or the comparable provisions of any other series of Debentures), Article 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 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).

Appears in 1 contract

Samples: Debenture Indenture (Bellatrix Exploration Ltd.)

Continuance of Rights, Duties and Obligations. (a1) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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 and Article 4, and Article 5. (b2) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Section 2.5 (in respect of Debentures), Article 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 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).

Appears in 1 contract

Samples: Convertible Debenture Indenture

Continuance of Rights, Duties and Obligations. (a1) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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 and Article 4, and Article 5. (b2) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units 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 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 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).

Appears in 1 contract

Samples: Indenture (Aurora Cannabis Inc)

AutoNDA by SimpleDocs

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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 and Article 4, and Article 5. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Subsection 2.4(d) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 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 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).

Appears in 1 contract

Samples: Debenture Indenture

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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 and Article 4, and Article 5. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Subsection 2.3(e), Article 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 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).Debentures).‌

Appears in 1 contract

Samples: Debenture Indenture

Continuance of Rights, Duties and Obligations. (a1) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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 5. (b2) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units 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 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 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).

Appears in 1 contract

Samples: Indenture

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.5, 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, 4 and Article 5. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Section 2.4(f) (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 6 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 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).

Appears in 1 contract

Samples: Convertible Debenture Indenture

Continuance of Rights, Duties and Obligations. (a) Where trust funds or trust property have been deposited pursuant to Section 9.57.5, the holders of Debentures and the Company Friday Night shall continue to have and be subject to their respective rights, duties and obligations under Article 2, Article 4, 2 and Article 54 and the provisions of Article 1 pertaining to the foregoing provisions, as may be applicable. (b) Subject to the provisions of Section 9.6(a), in In the event that, after the deposit of trust funds or trust property pursuant to Section 9.5 7.5 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 Units Common Shares or other securities of the Company Friday Night in accordance with Subsection 2.42.4(h), Article 6 4 or any other provision of this Indenture, the Debenture Trustee shall upon receipt of a Written Direction of the Company Friday Night return to the Company Friday Night from time to time the proportionate amount of the trust funds or other trust property deposited with the Debenture Trustee pursuant to Section 9.5 7.5 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).

Appears in 1 contract

Samples: Trust Indenture

Continuance of Rights, Duties and Obligations. (a) ‌ 9.6.1 Where trust funds or trust property have been deposited pursuant to Section 9.5, 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 and Article 4, and Article 5. (b) Subject to the provisions of Section 9.6(a), in 9.6.2 In the event that, after the deposit of trust funds or trust property pursuant to Section 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 Units Common Shares or other securities of the Company Corporation in accordance with Section 2.4 (in respect of Initial Debentures or the comparable provision of any other series of Debentures), Article 6 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 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). 9.6.3 In the event that, after the deposit of trust funds or trust property pursuant to Section 9.5, the Corporation is required to purchase any outstanding Debentures pursuant to Section

Appears in 1 contract

Samples: Convertible Debenture Indenture

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!