Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust of any of the obligations herein imposed upon the Trust or of the covenants on the part of the Trust herein contained, nor in any way to supervise or interfere with the conduct of the Trust's business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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Samples: Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.313.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Company of any of the obligations herein imposed upon the Trust Company or of the covenants on the part of the Trust Company herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Company’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1311, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 2 contracts
Samples: Trust Indenture (Constellation Software Inc), Trust Indenture (Constellation Software Inc)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.312.3, be bound to give notice to any person Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Corporation’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1310, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 2 contracts
Samples: Trust Indenture (Red Mile Entertainment Inc), Trust Indenture (Red Mile Entertainment Inc)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.3, be bound to give notice to any person Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the TrustCorporation's business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust of any of the obligations herein imposed upon the Trust or of the covenants on the part of the Trust herein contained, nor in any way to supervise or interfere with the conduct of the Trust's ’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 2 contracts
Samples: Trust Indenture (Canetic Resources Trust), Trust Indenture (Pengrowth Energy Trust)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.314.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Corporation’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1312, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.315.4, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the TrustCorporation's business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.314.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Company of any of the obligations herein imposed upon the Trust Company or of the covenants on the part of the Trust Company herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Company’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1312, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.314.3, be bound to give notice to any person Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Corporation’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1312, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.314.3, be bound to give notice to any person Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust of any of the obligations herein imposed upon the Trust or of the covenants on the part of the Trust herein contained, nor in any way to supervise or interfere with the conduct of the Trust's business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1312, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.314.3, be bound to give notice to any person Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Company of any of the obligations herein imposed upon the Trust Company or of the covenants on the part of the Trust Company herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Company’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1312, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 1 contract
Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall will not, subject to Section 15.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust REIT of any of the obligations herein imposed upon the Trust REIT or of the covenants on the part of the Trust REIT herein contained, nor in any way to supervise or interfere with the conduct of the Trust's REIT’s business, unless the Debenture Trustee shall have has been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have has been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 1 contract
Samples: Trust Indenture
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall will not, subject to Section 15.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Corporation’s business, unless the Debenture Trustee shall have has been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have been has funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.315.1, be bound to give notice to any person Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust trust herein contained, nor in any way to supervise or interfere with the conduct of the TrustCorporation's business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 6.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.311.3, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Friday Night of any of the obligations herein imposed upon the Trust Friday Night or of the covenants on the part of the Trust Friday Night herein contained, nor in any way to supervise or interfere with the conduct of the TrustFriday Night's business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 139, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
Appears in 1 contract
Samples: Trust Indenture
Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.313.2, be bound to give notice to any person Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the TrustCorporation's business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1311, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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Debenture Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Debenture Trustee shall not, subject to Section 15.315.4, be bound to give notice to any person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Trust Corporation of any of the obligations herein imposed upon the Trust Corporation or of the covenants on the part of the Trust Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Trust's Corporation’s business, unless the Debenture Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 13, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.
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