Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection with any offer to repurchase Securities under Section 12.1 hereof (provided that such offer or repurchase constitutes an "issuer tender offer" for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions under applicable law, the Company shall (i) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, (ii) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, (iii) otherwise comply with all Federal and state securities laws so as to permit the rights and obligations under Section 12.2 to be exercised in the time and in the manner specified in Section 12.2 and (iv) comply with any Canadian laws which may then be applicable in the event of a fundamental change. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12, the Company's compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their obligations under this Article 13.
Appears in 3 contracts
Samples: Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp Ltd.)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection with any offer to repurchase Securities under Section 12.1 11.02 hereof (provided that such offer or repurchase constitutes an "“issuer tender offer" ” for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions under applicable law, the Company shall (i) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, (ii) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, and (iii) otherwise comply with all Federal and state securities laws so as to permit the rights and obligations under Section 12.2 11.02 to be exercised in the time and in the manner specified in Section 12.2 and (iv) comply with any Canadian laws which may then be applicable in the event of a fundamental change11.02. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 1211, the Company's ’s compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their obligations under this Article 1311.
Appears in 2 contracts
Samples: Indenture (Yahoo Inc), Indenture (Mercury Interactive Corporation)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection with any offer to repurchase Securities under Section 12.1 hereof 12.01 (provided that such offer or repurchase constitutes an "“issuer tender offer" ” for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions under applicable law, the Company shall (ia) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, (iib) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, (iiic) otherwise comply with all Federal U.S. federal and state securities laws so as to permit the rights and obligations under Section 12.2 12.02 to be exercised in the time and in the manner specified in Section 12.2 12.02 and (ivd) comply with any applicable Canadian laws Securities Laws which may then be applicable in the event of a fundamental change. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12XII, the Company's ’s compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this ArticleArticle XII, shall not in and of itself cause a breach of their obligations under this Article 13XII.
Appears in 2 contracts
Samples: Indenture (Biovail Corp International), Indenture (Biovail Corp International)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection with any offer to repurchase Securities under Section 12.1 hereof (provided that such offer or repurchase constitutes an "“issuer tender offer" ” for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions under applicable law, the Company shall (i) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, (ii) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, (iii) otherwise comply with all Federal and state securities laws so as to permit the rights and obligations under Section 12.2 to be exercised in the time and in the manner specified in Section 12.2 and (iv) comply with any Canadian laws which may then be applicable in the event of a fundamental change. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12, the Company's ’s compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this ArticleArticle 12, shall not in and of itself cause a breach of their obligations under this Article 1312.
Appears in 2 contracts
Samples: Indenture (Endeavour Silver Corp), Indenture (Endeavour Silver Corp)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection with any offer to repurchase Securities under Section 12.1 hereof 12.01 (provided that such offer or repurchase constitutes an "issuer tender offer" for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions under applicable law, the Company shall (ia) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, (iib) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, (iiic) otherwise comply with all Federal U.S. federal and state securities laws so as to permit the rights and obligations under Section 12.2 12.02 to be exercised in the time and in the manner specified in Section 12.2 12.02 and (ivd) comply with any applicable Canadian laws Securities Laws which may then be applicable in the event of a fundamental change. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12XII, the Company's compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this ArticleArticle XII, shall not in and of itself cause a breach of their obligations under this Article 13XII.
Appears in 2 contracts
Samples: Indenture (Jaguar Mining Inc), Indenture (Jaguar Mining Inc)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection When complying with any offer to repurchase Securities under the provisions of Section 12.1 6.01 hereof (provided that such offer or repurchase purchase constitutes an "issuer tender offer" for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions available under applicable law, the Company shall shall:
(ia) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, as applicable;
(iib) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, as and if applicable; and
(iiic) otherwise comply with all Federal federal and state and Canadian provincial securities laws so as to permit the rights and obligations under Section 12.2 Article Six to be exercised in the time and in the manner specified in Section 12.2 and (iv) comply with any Canadian laws which may then be applicable in the event of a fundamental changetherein. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12Six, the Company's compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their its obligations under this Article 13Six.
Appears in 1 contract
Samples: First Supplemental Indenture (Four Seasons Hotels Inc)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection When complying with any offer to repurchase Securities under the provisions of Section 12.1 9.01 hereof (provided that such offer or repurchase purchase constitutes an "“issuer tender offer" ” for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions available under applicable law, the Company shall shall: (i) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, as applicable; (ii) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, as applicable; (iii) otherwise comply with all Federal federal and state securities laws so as to permit the rights and obligations under Section 12.2 this ARTICLE IX to be exercised in the time and in the manner specified in Section 12.2 herein; and (iv) comply with any Canadian laws Securities Laws which may then be applicable in the event of a fundamental changeapplicable. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12ARTICLE IX, the Company's ’s compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their its obligations under this Article 13ARTICLE IX.
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Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection with any offer to repurchase Securities under Section 12.1 15.01 hereof (provided that such offer or repurchase constitutes an "“issuer tender offer" ” for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions under applicable law, the Company shall (i) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, (ii) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, (iii) otherwise comply with all Federal and state securities laws so as to permit the rights and obligations under Section 12.2 15.02 to be exercised in the time and in the manner specified in Section 12.2 15.02 and (iv) comply with any Canadian laws Securities Laws which may then be applicable in the event of a fundamental change. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12XII, the Company's ’s compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their obligations under this Article 13XIII.
Appears in 1 contract
Samples: Indenture (Gold Reserve Inc)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection When complying with any offer to repurchase Securities under the provisions of Section 12.1 14.01 hereof (provided that such offer or repurchase purchase constitutes an "“issuer tender offer" ” for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase)) or an “issuer bid” for the purposes of applicable Canadian Securities Laws, and subject to any exemptions available under applicable law, the Company shall shall:
(ia) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, and the requirements of Canadian Securities Laws relating to issuer bids, as applicable;
(iib) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, as applicable, and any issuer bid circular, form or report required under Canadian Securities Laws; and
(iiic) otherwise comply with all Federal federal, state and state provincial securities laws so as to permit the rights and obligations under Section 12.2 this Article XII to be exercised in the time and in the manner specified in Section 12.2 and (iv) comply with any Canadian laws which may then be applicable in the event of a fundamental changeherein. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12XII, the Company's ’s compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their its obligations under this Article 13XII.
Appears in 1 contract
Samples: Indenture (Gold Reserve Inc)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection When complying with any offer to repurchase Securities under the provisions of Section 12.1 7.01 hereof (provided that such offer or repurchase purchase constitutes an "issuer tender offer" for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions available under applicable law, the Company shall shall:
(ia) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, as applicable;
(iib) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, as and if applicable; and
(iiic) otherwise comply with all Federal federal, state and state Canadian provincial securities laws so as to permit the rights and obligations under Section 12.2 Article Seven to be exercised in the time and in the manner specified in Section 12.2 and (iv) comply with any Canadian laws which may then be applicable in the event of a fundamental changetherein. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12Seven, the Company's compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their its obligations under this Article 13Seven.
Appears in 1 contract
Samples: First Supplemental Indenture (Four Seasons Hotels Inc)
Covenant to Comply With Securities Laws Upon Repurchase of Securities. In connection with any offer to repurchase Securities under Section 12.1 10.01 hereof (provided that such offer or repurchase constitutes an "issuer tender offer" for purposes of Rule 13e-4 (which term, as used herein, includes any successor provision thereto) under the Exchange Act at the time of such offer or purchase), and subject to any exemptions under applicable law, the Company shall (i) comply with Rule 13e-4 and Rule 14e-1 (or any successor provision) under the Exchange Act, (ii) file the related Schedule TO (or any successor schedule, form or report) under the Exchange Act, (iii) otherwise comply with all Federal and state securities laws so as to permit the rights and obligations under Section 12.2 10.02 to be exercised in the time and in the manner specified in Section 12.2 10.02 and (iv) comply with any Canadian laws Securities Laws which may then be applicable in the event of a fundamental change. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Article 12ARTICLE X, the Company's compliance with such laws and regulations including the extension of the payment or notice periods contemplated by this Article, shall not in and of itself cause a breach of their obligations under this Article 13.ARTICLE X.
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