Common use of Enforcement by the Debenture Trustee Clause in Contracts

Enforcement by the Debenture Trustee. (a) Subject to the provisions of Section 8.3 and to the provisions of any Extraordinary Resolution that may be passed by the Debentureholders, if the Corporation fails to pay to the Debenture Trustee, forthwith after the same has been declared to be due and payable under Section 8.1, the principal of and premium (if any) and interest on all Debentures then outstanding, together with any other amounts due hereunder, the Debenture Trustee may in its discretion and will upon receipt of a request in writing signed by the holders of not less than 25% in principal amount of the Debentures then outstanding and upon being funded and indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as trustee hereunder to obtain or enforce payment of such principal of and premium (if any) and interest on all the Debentures then outstanding together with any other amounts due hereunder by such proceedings authorized by this Indenture or by law or equity as the Debenture Trustee in such request will have been directed to take, or if such request contains no such direction, or if the Debenture Trustee acts without such request, then by such proceedings authorized by this Indenture or by suit at law or in equity as the Debenture Trustee deems expedient.

Appears in 2 contracts

Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)

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Enforcement by the Debenture Trustee. (a) Subject to the provisions of Section 8.3 and to 8.3, the provisions of any Extraordinary Resolution that may be passed by the Debentureholders, the Intercreditor Agreement and, if applicable, any Intercreditor Arrangement, if the Corporation fails Company shall fail to pay to the Debenture Trustee, forthwith after the same has shall have been declared to be due and payable under Section 8.1, the principal of and premium (if any) and interest on all Debentures then outstanding, together with any other amounts due hereunder, the Debenture Trustee may in its discretion and will shall upon receipt of a request in writing signed by the holders of not less than 25% in principal amount of the Debentures then outstanding and upon being funded and indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as trustee hereunder to obtain or enforce payment of such principal of and premium (if any) and interest on all the Debentures then outstanding together with any other amounts due hereunder by such proceedings authorized by this Indenture or by law or equity as the Debenture Trustee in such request will shall have been directed to take, or if such request contains no such direction, or if the Debenture Trustee acts shall act without such request, then by such proceedings authorized by this Indenture or by suit at law or in equity as the Debenture Trustee deems shall deem expedient.

Appears in 1 contract

Samples: Trust Indenture (Timberwest Forest Corp)

Enforcement by the Debenture Trustee. (a) Subject to the provisions of Section 8.3 and to the provisions of any Extraordinary Resolution that may be passed by the Debentureholders, if the Corporation fails shall fail to pay to the Debenture Trustee, forthwith after the same has shall have been declared to be due and payable under Section 8.1, the principal of and premium (if any) and interest on all Debentures then outstanding, together with any other amounts due hereunder, the Debenture Trustee may in its discretion and will shall upon receipt of a request in writing signed by the holders of not less than 25% in principal amount of the Debentures then outstanding and upon being funded and indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as trustee Debenture Trustee hereunder to obtain or enforce payment of such the said principal of and premium (if any) and interest on all the Debentures then outstanding together with any other amounts due hereunder by such proceedings authorized by this Trust Indenture or by law or equity as the Debenture Trustee in such request will shall have been directed to take, or if such request contains no such direction, or if the Debenture Trustee acts shall act without such request, then by such proceedings authorized by this Trust Indenture or by suit at law or in equity as the Debenture Trustee deems shall deem expedient.

Appears in 1 contract

Samples: Trust Indenture (Wi-Lan Inc.)

Enforcement by the Debenture Trustee. (a) Subject to the provisions of Section 8.3 and to the provisions of any Extraordinary Resolution that may be passed by the Debentureholders, if the Corporation REIT fails to pay to the Debenture Trustee, forthwith after the same has been declared to be due and payable under Section 8.1, the principal of and premium (if any) and interest on all Debentures then outstanding, together with any other amounts due hereunder, the Debenture Trustee may in its discretion and will upon receipt of a request in writing signed by the holders of not less than 25% in principal amount of the Debentures then outstanding and upon being funded and indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as trustee hereunder to obtain or enforce payment of such principal of and premium (if any) and interest on all the Debentures then outstanding together with any other amounts due hereunder by such proceedings authorized by this Indenture or by law or equity as the Debenture Trustee in such request will have been directed to take, or if such request contains no such direction, or if the Debenture Trustee acts without such request, then by such proceedings authorized by this Indenture or by suit at law or in equity as the Debenture Trustee deems expedient.

Appears in 1 contract

Samples: Trust Indenture

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Enforcement by the Debenture Trustee. (a) Subject to the provisions of Section 8.3 and to the provisions of any Extraordinary Resolution that may be passed by the Debentureholders, if the Corporation fails shall fail to pay to the Debenture Trustee, forthwith after the same has shall have been declared to be due and payable under Section 8.1, the principal of and premium (if any) accrued and unpaid interest on all Debentures then outstanding, together with any other amounts due hereunder, the Debenture Trustee may in its discretion and will shall upon receipt of a request in writing signed by the holders of not less than 25% in principal amount of the Debentures then outstanding and upon being funded and indemnified to its reasonable satisfaction against all costs, expenses and liabilities to be incurred, proceed in its name as trustee hereunder to obtain or enforce payment of such principal of and premium (if any) and interest on all the Debentures then outstanding together with any other amounts due hereunder by such proceedings authorized by this Indenture or by law or equity as the Debenture Trustee in such request will shall have been directed to take, or if such request contains no such direction, or if the Debenture Trustee acts shall act without such request, then by such proceedings authorized by this Indenture or by suit at law or in equity as the Debenture Trustee deems shall deem expedient.

Appears in 1 contract

Samples: webfiles.thecse.com

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