Documents, Monies, etc. Held by Warrant Agent. (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 the deposit vaults of the Warrant Agent or of any Canadian chartered bank listed in Schedule I of the Bank Act (Canada), or deposited for safekeeping with any such bank. (2) Any written direction for the investment or release of funds received shall be received by the Warrant Agent by 9:00 a.m. (Toronto 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.
Appears in 3 contracts
Samples: Warrant Indenture (Helius Medical Technologies, Inc.), Warrant Indenture (Helius Medical Technologies, Inc.), Warrant Indenture (Veris Gold Corp.)
Documents, Monies, etc. Held by Warrant Agent. (1) Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may shall be placed in the deposit vaults of the Warrant Agent or of any Canadian chartered bank listed in Schedule I of the Bank Act (Canada), or deposited for safekeeping with any such bank.
(2) . Any written direction for the investment or release of funds received shall be received by the Warrant Agent by 9:00 a.m. 3:00 p.m. (Toronto Vancouver time) on the Business Day prior to 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.
(42) In the event that the Warrant Agent does not receive a direction or only a partial direction, the 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.
Appears in 2 contracts
Samples: Warrant Indenture (Algernon Pharmaceuticals Inc.), Warrant Indenture
Documents, Monies, etc. Held by Warrant Agent. (1) Any monies, securities, documents of title or other instruments that may at any time be held by the Warrant Agent may shall be placed held in the deposit vaults segregated trust accounts of the Warrant Agent or of any Canadian chartered bank listed in Schedule I of the Bank Act (Canada), or deposited for safekeeping with any such bank.
(2) Any written direction for the investment or release of funds received shall be received by the Warrant Agent by 9:00 a.m. (Toronto Vancouver 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 the same in its deposit departmenttrust accounts, the deposit department trust accounts of one of its affiliates, or the deposit department of a Canadian chartered bankbank listed in Schedule I of the Bank Act (Canada); 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. The Warrant Agent shall have no responsibility or liability for any diminution of any funds provided the funds are handled pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Warrant Indenture