Common use of Documents, Monies, etc. Held by Warrant Agent Clause in Contracts

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this Indenture, any funds received hereunder shall be kept in segregated records of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts of the Warrant Agent at one or more of the Canadian Chartered Banks listed in Schedule 1 of the Bank Act (Canada) (“Approved Bank”). All amounts held by the Warrant Agent pursuant to this Indenture shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, invest the same; the Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1a) Until released in accordance with this Indenture, any funds received hereunder shall be kept in segregated records of the The Warrant Agent and the Warrant Agent shall place may hold cash balances constituting part or all of the funds in segregated trust accounts an interest bearing account, and may, but need not, invest same in the deposit department of a Canadian chartered bank and their affiliates, but the Warrant Agent Agent, its affiliates or a Canadian chartered bank and its affiliates shall not be liable to account for any profit to any parties to this Agreement or to any other person or entity other than at one a rate, if any, established from time to time by the Warrant Agent, its affiliates or more of the a Canadian Chartered Banks listed in Schedule 1 of the Bank Act (Canada) (“Approved Bank”)chartered bank and its affiliates. All amounts held by the Warrant Agent pursuant to this Indenture shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank a Canadian chartered bank and its affiliates or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at with any Approved BankCanadian chartered bank and its affiliates, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part . (b) Any written direction for the investment or all release of such monies and need not, invest the same; funds received shall be received by the Warrant Agent shall not by 9:00 a.m. (Vancouver time) on the Business Day on which such investment or release is to be liable to account for any profit to any parties to this Indenture made failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or to any other person or entityreleased on the next Business Day.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released 9.3.1 Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada) (), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in “Approved Bank”)Permitted Investments” as directed in writing by the Corporation. All amounts held Permitted Investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed 90 days, or term deposits or bankers’ acceptances of a Canadian chartered bank having a term to maturity not to exceed 90 days, or such other investments that is in accordance with the Warrant Agent’s standard type of investments. Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. 9.3.2 Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Toronto time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. 9.3.3 The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. 9.3.4 In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity. 9.3.5 The Warrant Agent shall maintain accurate books, records and accounts of any transaction effected or controlled by the Warrant Agent hereunder and shall provide to the Corporation records and statements thereof periodically upon request.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this Indenture, any funds received hereunder shall be kept in segregated records of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts of the Warrant Agent at one or more of the Canadian Chartered Banks listed in Schedule 1 of the Bank Act (Canada) (“Approved Bank”). All amounts held by the Warrant Agent pursuant to this Indenture Agreement shall be held by the Warrant Agent for the Corporation Company and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture Agreement are at the sole risk of the Corporation Company and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, invest the same; the Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in permitted investments as directed in writing by the Corporation. Permitted investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed ninety (90) days, or term deposits or bankers' acceptances of a Canadian chartered bank having a term to maturity not to exceed ninety (“Approved Bank”)90) days, or such other investments that is in accordance with the Warrant Agent's standard type of investments. All amounts held interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (2) Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Pacific time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (3) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (4) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1a) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in Permitted Investments as directed in writing by the Corporation. Permitted Investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed ninety (90) days, or term deposits or bankers’ acceptances of a Canadian chartered bank having a term to maturity not to exceed ninety (“Approved Bank”)90) days, or such other investments that is in accordance with the Warrant Agent’s standard type of investments. All amounts held Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (b) Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Montreal time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (c) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (d) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this Indenture, any funds received hereunder shall be kept in segregated records of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts of the Warrant Agent at one or more of the Canadian Chartered Banks listed in Schedule 1 of the Bank Act (Canada) (“"Approved Bank”"). All amounts held by the Warrant Agent pursuant to this Indenture Agreement shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture Agreement are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, invest the same; the Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested in Permitted Investments as directed in writing by the Corporation. Permitted Investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed ninety (90) days, or term deposits or bankers’ acceptances of a Canadian chartered bank having a term to maturity not to exceed ninety (“Approved Bank”)90) days, or such other investments that is in accordance with the Warrant Agent’s standard type of investments. All amounts held Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (2) Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Toronto time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (3) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (4) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or receives only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada) (“Approved Bank”), or deposited for safekeeping with any such bank. All amounts Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in Permitted Investments as directed in writing by the Corporation. Permitted Investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed 90 days, or term deposits or bankers’ acceptances of a Canadian chartered bank having a term to maturity not to exceed 90 days, or such other investments that is in accordance with the Warrant Agent’s standard type of investments. Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (2) Any written direction for the investment or release of funds shall be held received by the Warrant Agent for by 9:00 a.m. (Montréal time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (3) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (4) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada) (“Approved Bank”), or deposited for safekeeping with any such bank. All amounts Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in Permitted Investments as directed in writing by the Corporation. Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (2) Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Toronto time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (3) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (4) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in Permitted Investments as directed in writing by the Corporation. Permitted Investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed ninety (90) days, or term deposits or bankers’ acceptances of a Canadian chartered bank having a term to maturity not to exceed ninety (“Approved Bank”)90) days, or such other investments that is in accordance with the Warrant Agent’s standard type of investments. All amounts held Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (2) Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Calgary time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (3) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (4) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this Indenture, any funds received hereunder shall be kept in segregated records of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts of the Warrant Agent at one or more of the Canadian Chartered Banks listed in Schedule 1 I of the Bank Act (Canada) (“Approved Bank”). All amounts held by the Warrant Agent pursuant to this Indenture Agreement shall be held by the Warrant Agent for the Corporation Company and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture Agreement are at the sole risk of the Corporation Company and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds funs at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, invest the same; the Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity. (2) Any written direction for the investment or release of funds received shall be received by the Warrant Agent by 9:00a.m. (Pacific time) on the Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the next Business Day. (3) The Warrant Agent shall have no responsibility or liability for any diminution of any funds resulting from any investment made in accordance with this Indenture, including any losses on any investment liquidated prior to maturity in order to make a payment required hereunder. (4) In the event that the Warrant Agent does not receive a direction or only a partial direction, the Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the deposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this IndentureAny monies, securities, documents of title or other instruments that may at any funds received hereunder time be held by the Warrant Agent shall be kept placed in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada) (“"Approved Bank”"), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held in a segregated non-interest bearing account. (2) All amounts held by the Warrant Agent pursuant to this Indenture shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. Any written direction for release of funds received shall be received by the Warrant Agent by 9:00 am (Calgary time) on the Business Day prior to the Business Day on which such release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being released on the next Business Day. The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default), including any losses on any investment liquidated prior to maturity in order to make a payment required hereunder. The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, invest the same; the . The Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in Permitted Investments as directed in writing by the Corporation. Permitted Investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed ninety (90) days, or term deposits or bankers' acceptances of a Canadian chartered bank having a term to maturity not to exceed ninety (“Approved Bank”)90) days, or such other investments that is in accordance with the Warrant Agent's standard type of investments. All amounts held Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (2) Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Denver time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (3) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (4) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this IndentureAny monies, securities, documents of title or other instruments that may at any funds received hereunder time be held by the Warrant Agent shall be kept placed in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada) (“"Approved Bank”"), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held in a segregated non-interest bearing account. (2) All amounts held by the Warrant Agent pursuant to this Indenture shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. Any written direction for release of funds received shall be received by the Warrant Agent by 9am (Calgary time) on the Business Day prior to the Business Day on which such release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being released on the next Business Day. The amounts held by the Warrant Agent pursuant to this Indenture Agreement are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default), including any losses on any investment liquidated prior to maturity in order to make a payment required hereunder. The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, invest the same; the Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this Indenture, any funds received hereunder shall be kept segregated in segregated the records of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust any accounts of the Warrant Agent held at one or more of the Canadian Chartered Banks listed in Schedule 1 of the Bank Act (Canada) (“"Approved Bank”"). All amounts held by the Warrant Agent pursuant to this Indenture shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest the samesame in the deposit department of an Approved Bank; but none of the Warrant Agent Agent, its Affiliates or any Approved Bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this Indenture, any funds received hereunder shall be kept in segregated records of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts of the Warrant Agent at one or more of the Canadian Chartered Banks listed in Schedule 1 of the Bank Act (Canada) (“Approved Bank”). All amounts held by the Warrant Agent pursuant to this Indenture shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, invest the same; the Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may be placed in accordance with this Indenture, any funds received hereunder shall be kept in segregated records the deposit vaults of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts or of the Warrant Agent at one or more of the any Canadian Chartered Banks chartered bank listed in Schedule 1 I of the Bank Act (Canada), or deposited for safekeeping with any such bank. Any monies held pending the application or withdrawal thereof under any provisions of this Indenture, shall be held, invested and reinvested amount in Permitted Investments as directed in writing by the Corporation. Permitted Investments shall be treasury bills guaranteed by the Government of Canada having a term to maturity not to exceed ninety (90) days, or term deposits or bankers' acceptances of a Canadian chartered bank having a term to maturity not to exceed ninety (“Approved Bank”)90) days, or such other investments that is in accordance with the Warrant Agent's standard type of investments. All amounts held Unless otherwise specifically provided herein, all interest or other income received by the Warrant Agent pursuant in respect of such deposits and investments shall belong to this Indenture the Corporation. (2) Any written direction for the investment or release of funds received shall be held received by the Warrant Agent for by 9:00 a.m. (Vancouver time) on the Corporation Business Day on which such investment or release is to be made, failing which such direction will be handled on a commercially reasonable efforts basis and may result in funds being invested or released on the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. next Business Day. (3) The amounts held by the Warrant Agent pursuant to this Indenture are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the any funds which may result resulting from any deposit investment made in accordance with an Approved Bank pursuant to this sectionIndenture, including any losses resulting from on any investment liquidated prior to maturity in order to make a default by payment required hereunder. (4) In the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree event that the Warrant Agent will have acted prudently in depositing does not receive a direction or only a partial direction, the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bank. The Warrant Agent may hold cash balances constituting part or all of such monies and may, but need not, invest same in its deposit department, the samedeposit department of one of its affiliates, or the deposit department of a Canadian chartered bank; but the Warrant Agent Agent, its affiliates or a Canadian chartered bank shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.

Documents, Monies, etc. Held by Warrant Agent. (1) Until released in accordance with this Indenture, any funds received hereunder shall be kept in segregated records of the Warrant Agent and the Warrant Agent shall place the funds in segregated trust accounts of the Warrant Agent at one or more of the Canadian Chartered Banks listed in Schedule 1 of the Bank Act (Canada) (“Approved Bank”). All amounts held by the Warrant Agent pursuant to this Indenture Agreement shall be held by the Warrant Agent for the Corporation and the delivery of the funds to the Warrant Agent shall not give rise to a debtor-creditor or other similar relationship. The amounts held by the Warrant Agent pursuant to this Indenture Agreement are at the sole risk of the Corporation and, without limiting the generality of the foregoing, the Warrant Agent shall have no responsibility or liability for any diminution of the funds which that may result from any deposit made with an Approved Bank pursuant to this section, including any losses resulting from a default by the Approved Bank or other credit losses (whether or not resulting from such a default). The parties hereto acknowledge and agree that the Warrant Agent will have acted prudently in depositing the funds at any Approved Bank, and that the Warrant Agent is not required to make any further inquiries in respect of any such bankApproved Bank. The Warrant Agent may hold cash balances constituting part or all of such monies and need not, not invest the same; the . The Warrant Agent shall not be liable to account for any profit to any parties to this Indenture or to any other person or entity.