Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption. (b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 5 contracts
Samples: Trust Indenture, Trust Indenture (Trulieve Cannabis Corp.), Trust Indenture
Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 2023 Notes, Article 34, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 6.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 3 contracts
Samples: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.), Trust Indenture
Deposit of Redemption Monies.
(a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Notes, Article 3, upon Upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment Trustee or any Paying Agent to the Depositoryorder of the Trustee, on or before 11:00 a.m. 9:00
a. m. (Toronto time) on the day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium Premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 4.8 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Deposit of Redemption Monies. (a) Except as may otherwise Redemption of Debentures shall be provided in for by the Corporation depositing with the Debenture Trustee or any Supplemental Indenture or, in paying agent to the case order of the 2024 Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Debenture Trustee, for onward payment to the Depository, on or before 11:00 a.m. 1:00 p.m. (Toronto timeCalgary Time) on the day Business Day immediately prior to the Redemption Date specified in the Redemption Noticesuch notice, such sums of money money, as may be sufficient to pay the Redemption Price of the Notes Debentures so called for redemption, plus plus, if accrued interest is not included in the Redemption Price, accrued and unpaid interest thereon up to but excluding the Redemption Date, provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques or a wire transfer for such amounts required under this Section 4.5 post-dated to the Redemption Date and including any Additional Amounts, less any Taxes required or by law providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to be deducted or withheld therefromthe Redemption Date. The Issuer Corporation shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, to the Depository on behalf of the Holders holders of such Notes Debentures so called for redemption, upon surrender of such NotesDebentures, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the less applicable Redemption Date. The Trustee shallwithholding taxes, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawnany.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)
Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Notes, Article 3, upon Notes Upon Debentures being called for redemption, the Issuer Corporation shall deposit with the Trustee, for onward payment Trustee or any Paying Agent to the Depositoryorder of the Trustee, on or before 11:00 a.m. (Toronto Calgary time) on the day Business Day immediately prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes Debentures so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional AmountsDate, less any Taxes required by law to be deducted or withheld therefrom. The Issuer Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes Debentures so called for redemption, upon surrender of such NotesDebentures, the principal, premium (if any) principal and interest (if any) to which they are respectively entitled on redemption.
(b) . Payment of funds to the Trustee upon redemption of Notes Debentures shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer Corporation and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer Corporation shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 3.9 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 2 contracts
Deposit of Redemption Monies. (a) Except as may otherwise Redemption of Debentures shall be provided in for by the Corporation depositing with the Debenture Trustee or any Supplemental Indenture or, in paying agent to the case order of the 2024 Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Debenture Trustee, for onward payment to the Depository, on or before 11:00 a.m. 1:00 p.m. (Toronto timeCalgary Time) on the day Business Day immediately prior to the Redemption Date specified in the Redemption Noticesuch notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes Debentures so called for redemption, plus plus, if accrued interest is not included, in the Redemption Price, accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques or a wire transfer for such amounts required under this Section 4.5 or by law providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to be deducted or withheld therefromthe Redemption Date. The Issuer Corporation shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, to the Depository on behalf of the Holders holders of such Notes Debentures so called for redemption, upon surrender of such NotesDebentures, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the less applicable Redemption Date. The Trustee shallwithholding taxes, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawnany.
Appears in 1 contract
Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 2026 Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto Vancouver time) on the day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Deposit of Redemption Monies. If the Company shall require a Noteholder, any of whose Notes are liable to be repaid under these Conditions or the Instrument, to deliver to the Company the certificate or certificates therefor and such Noteholder shall fail or refuse to deliver up the certificate or certificates therefor or to provide an indemnity in a form acceptable to the Directors on the date and at the place fixed for the repayment thereof or if a Noteholder shall fail or refuse to accept payment of the redemption moneys payable in respect thereof, the moneys payable to such Noteholder may be set aside by the Company and paid into a separate bank account and held by the Company in trust for such Noteholder (a) Except as may otherwise be provided in any Supplemental Indenture or, on terms that if the failure or refusal which resulted in the case payment being made into the bank account is remedied then payment of such moneys shall be made to the 2024 Notes, Article 3, upon Notes being called Noteholder on demand) and such setting aside and payment shall be deemed for redemption, all the Issuer shall deposit with the Trustee, for onward purposes of these Conditions to be a payment to such Noteholder and the Depository, on or before 11:00 a.m. Company shall (Toronto time) on the day prior without prejudice to the Redemption Date specified in the Redemption Notice, terms of such sums of money trust as may aforesaid) thereby be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee discharged from all obligations in connection with such redemptionNotes. Every such If the Company shall place the moneys so set aside on deposit at a bank (being an authorised institution under the Banking Act 1987) the Company shall not thereby be irrevocable. From responsible for the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders safe custody of such Notes so called moneys or for redemption, upon surrender of interest thereon except such Notes, the principal, premium (if any) and interest (if any) to as the said moneys may earn whilst on deposit less any expenses incurred by the Company in connection therewith. Any such amount so paid or deposited which they are respectively entitled remains unclaimed after a period of six years in the case of interest, and 12 years in the case of principal from the date on redemption.
(b) Payment of funds which the relevant payment first became due shall revert to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer Company and the Trustee relevant Noteholders shall cease to be entitled thereto, notwithstanding that, in order the intervening period, the obligation to effect such payment hereunder. Notwithstanding pay the foregoingsame may have been accounted for in the books, (i) all payments in excess of $25,000,000 (or such accounts and other amount as determined from time to time by the Canadian Payments Association) shall be made by the use records of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawnCompany.
Appears in 1 contract
Samples: Guaranteed Unsecured Floating Rate Loan Notes (Impac Group Inc /De/)
Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 2029 Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on upon redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Unit Notes or Coupon Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Notes, Article 3, upon Upon Notes being called for redemption, the Issuer shall will deposit with the Trustee, for onward payment Trustee or any Paying Agent to the Depositoryorder of the Trustee, on or before 11:00 a.m. (Toronto Calgary time) on the day Business Day immediately prior to the Redemption Date specified in the such Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional AmountsDate, less any Taxes tax required by law to be deducted or withheld therefromdeducted. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, or issue or cause to the Depository on behalf of be issued, to the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium Applicable Premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of the Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed agreeable between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 25 million (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 5.8 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Deposit of Redemption Monies. (a1) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Notes, Article 3, upon Upon Notes being having been called for redemption, the Issuer Corporation shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day prior to the Redemption Date specified redemption date fixed in the Redemption Noticerelevant written notice of redemption, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit redeemed, together with the Trustee a sum of money sufficient estimated charges and expenses to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, paid to the Depository on behalf of the Holders of such the Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) principal and interest (if any) to which they are respectively entitled on redemption.
(b2) Payment In the case of funds Holders of the Notes called for redemption surrendered on or before the redemption date as fixed in the applicable written notice, the Trustee shall pay or cause to be paid to such Holders the Redemption Price not later than the redemption date as fixed in the applicable written notice.
(3) In the event the Corporation fails to make available to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such full payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) Redemption Price not later than the redemption date as fixed in the event that payment must be made to the Depositoryapplicable written notice, the Issuer shall remit payment to the Trustee by LVTS. The Trustee Corporation shall have no obligation further right to disburse funds pursuant redeem any of the then outstanding Notes under sub3.1(1), unless prior written approval of such a redemption is authorized by the Holders of Notes.
(4) Any moneys deposited under this section 3.5 and not claimed by and paid to this Section 5.7 unless it has received written confirmation satisfactory to it that Holders of Notes within six years after the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee date of such setting aside shall, if it accepts any funds received by it in the form of uncertified chequessubject to applicable law, be entitled repaid to delay the time for release Corporation by the Trustee on demand, and thereupon the Trustee shall be released from all further liability with respect to such moneys and thereafter the Holders of the Notes in respect of which such moneys were so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of such funds until such uncertified cheques shall be determined to have cleared moneys without interest thereon from the financial institution upon which the same are drawnCorporation.
Appears in 1 contract
Deposit of Redemption Monies. (a) Except as may otherwise Redemption of Debentures shall be provided in for by the Corporation depositing with the Trustee or any Supplemental Indenture or, in paying agent to the case order of the 2024 Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto Vancouver time) on the day prior to Business Day immediately preceding the Redemption Date specified in the Redemption Noticesuch notice, such sums of money money, as may be sufficient to pay the Redemption Price of the Notes Debentures so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date, provided the Corporation may elect to satisfy this requirement by providing the Trustee with an electronic transfer of funds or a cheque postdated to the Redemption Date and including any Additional Amounts, less any Taxes for such amounts required by law to be deducted or withheld therefromunder this Section 5.5. The Issuer Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, paid to the Depository on behalf of the Holders holders of such Notes Debentures so called for redemption, upon surrender of such NotesDebentures, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment , net of funds any tax required to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTSdeducted. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 5.5 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn. For the avoidance of doubt, if any funds are received by the Trustee in the form of uncertified cheques, the Corporation’s payment obligation under this Section 5.5 shall not be treated as satisfied until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
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Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Series A Second Lien Notes, Article 33 or the Series B Second Lien Notes, Article 4, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day Business Day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional AmountsDate, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 U.S.$25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 6.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
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Deposit of Redemption Monies. (a1) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 Notes, Article 3, upon Upon Notes being having been called for redemption, the Issuer Corporation shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day prior to the Redemption Date specified redemption date fixed in the Redemption Noticerelevant notice of redemption, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional Amounts, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit redeemed, together with the Trustee a sum of money sufficient estimated charges and expenses to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, paid to the Depository on behalf of the Holders of such the Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) principal and interest (if any) to which they are respectively entitled on redemption.
(b2) Payment In the case of funds Holders of the Notes called for redemption surrendered on or before the redemption date as fixed in the applicable notice, the Trustee shall pay or cause to be paid to such Holders the Redemption Price not later than the redemption date as fixed in the applicable notice.
(3) In the event the Corporation fails to make available to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such full payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) Redemption Price not later than the redemption date as fixed in the event that payment must be made to the Depositoryapplicable notice, the Issuer shall remit payment to the Trustee by LVTS. The Trustee Corporation shall have no obligation further right to disburse funds pursuant redeem any of the then outstanding Notes under subsection 3.1(1), unless prior written approval of such a redemption is authorized by the Holders of Notes.
(4) Any moneys deposited under this section 3.5 and not claimed by and paid to this Section 5.7 unless it has received written confirmation satisfactory to it that Holders of Notes within six years after the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee date of such setting aside shall, if it accepts any funds received by it in the form of uncertified chequessubject to applicable law, be entitled repaid to delay the time for release Corporation by the Trustee on demand, and thereupon the Trustee shall be released from all further liability with respect to such moneys and thereafter the Holders of the Notes in respect of which such moneys were so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of such funds until such uncertified cheques shall be determined to have cleared moneys without interest thereon from the financial institution upon which the same are drawnCorporation.
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Deposit of Redemption Monies. (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the 2024 2019 Senior Secured Notes, Article 3, upon Notes being called for redemption, the Issuer shall deposit with the Trustee, for onward payment to the Depository, on or before 11:00 a.m. (Toronto time) on the day Business Day prior to the Redemption Date specified in the Redemption Notice, such sums of money as may be sufficient to pay the Redemption Price of the Notes so called for redemption, plus accrued and unpaid interest thereon up to but excluding the Redemption Date and including any Additional AmountsDate, less any Taxes required by law to be deducted or withheld therefrom. The Issuer shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid, to the Depository on behalf of the Holders of such Notes so called for redemption, upon surrender of such Notes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption.
(b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, (i) all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Redemption Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
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Samples: Trust Indenture