Form and Terms of Debentures. (a) The Debentures shall be dated as of the Issue Date. The Debentures shall bear interest from and including the Issue Date at the rate of 10.0% per annum (after as well as before maturity, default and judgment, with interest on overdue interest at the said rate until the earlier of the dates set out in Section 2.3(a)(ii) to Section 2.3(a)(iv) below), payable in lawful money of Canada in equal semi-annual instalments in arrears on each Interest Payment Date, and the Debentures shall mature on the Maturity Date. The first Interest Payment Date on June 30, 2019 will include interest accrued from the Issue Date to, but excluding, June 30, 2019.
(b) Subject to the Debentures being converted in accordance with the terms of Article 4 or purchased prior to the Maturity Date in accordance with the terms of this Indenture, the outstanding principal of the Debentures will be payable to the Holder on the Maturity Date in lawful money of Canada against surrender thereof by said Holder at the Corporate Trust Office or at such place or places as may be designated by the Corporation for that purpose.
(c) The Debentures shall be issued as fully registered Debentures in denominations of $1,000 and integral multiples of $1,000, or as Uncertificated Debentures. The Debentures and the certificate of the Trustee endorsed thereon shall be substantially in the form set forth in Schedule “A”.
Form and Terms of Debentures. (1) The Debentures authorized for issue under this Indenture are limited to an aggregate principal amount of up to $150,000,000 and shall be designated as “5.00% Convertible Senior Unsecured Debentures”. The Debentures shall be in the form provided for in Schedule A hereto. For the avoidance of doubt, it is acknowledged and agreed that the Debentures (including, for greater certainty, the Initial Tranche and, if issued, the Second Tranche) shall constitute one and the same series and the Debentures shall be the only debentures issued under or pursuant to this Indenture.
(2) An aggregate principal amount of $100,000,000 of the Debentures shall be issued by the Corporation to the Investor, or as otherwise directed by the Investor in writing, on the Closing Date (the “Initial Tranche”).
(3) On the second Business Day following the date, that occurs on or after the Trigger Date and prior to the Second Closing Deadline, on which all of the Second Tranche Conditions have been satisfied, an aggregate principal amount of $50,000,000 of the Debentures shall be issued by the Corporation to the Investor, or as otherwise directed by the Investor in writing (the “Second Tranche”) (if requested by the Trustee, all such conditions to be confirmed by the Corporation to the Trustee by way of an Officer’s Certificate) (such closing the “Second Closing” and such date, the “Second Closing Date”).
(4) For greater certainty, the Investor may at any time prior to the Second Closing Deadline irrevocably waive in writing the VWAP Condition and/or the Event of Default Condition, whereupon any such waived condition(s) shall not apply for purposes of this Indenture, including for purposes of the definition of “Second Tranche Conditions”.
(5) During the period from the Trigger Date until the earlier to occur of the Second Closing and the Second Closing Deadline, the Corporation will immediately notify the Investor in writing from time to time: (i) if the Registration Statement Condition is satisfied, and if previously satisfied, ceases to be satisfied, and thereafter is satisfied, and so on; and (ii) if an Event of Default occurs.
(6) For greater certainty, in the event that the Second Tranche Conditions are not satisfied (or with respect to the VWAP Condition and/or the Event of Default Condition, waived in accordance with Section 2.5(4)) prior to the Second Closing Deadline, then the Second Closing shall not occur.
(7) The Debentures shall mature on February 28, 2028 (the “Maturity ...
Form and Terms of Debentures. (1) The Debentures shall be dated as of the Issue Date. The Debentures shall bear interest from and including the Issue Date at the rate of 8.0% per annum (after as well as before maturity, default and judgment, with interest on overdue interest at the said rate until the earlier of the dates set out in Section 2.3(1)(b) to (d) below), payable in lawful money of the United States in equal quarterly instalments in arrears on each Interest Payment Date, subject to Section 2.3(4), and the Debentures shall mature on the Maturity Date. The first Interest Payment Date on December 31, 2018 will include interest accrued from the Issue Date to, but excluding, December 31, 2018, subject to Section 2.3(4).
(2) Subject to the Debentures being converted in accordance with the terms of Article 4 or purchased prior to the Maturity Date in accordance with the terms of this Indenture, the outstanding principal of the Debentures will be payable to the Holder on the Maturity Date in lawful money of the United States against surrender thereof by said Xxxxxx at the Corporate Trust Office or at such place or places as may be designated by the Corporation for that purpose.
(3) The Debentures shall be issued as fully registered Debentures in denominations of $1,000 and integral multiples of $1,000, or as Uncertificated Debentures, provided that any Debentures sold to a U.S. Purchaser shall be issued as Certificated Debentures and are required to bear such legends as set out in Section 2.26.
(4) The Debentures and the certificate of the Trustee endorsed thereon shall be substantially in the form set forth in Schedule 2.2 FORM OF DEBENTURE hereto. The terms and provisions contained in the Form of Debenture shall constitute, and are hereby expressly made, a part of this Indenture and, to the extent applicable, the Corporation and the Trustee, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.
(5) Any of the Debentures may have such letters, numbers or other marks of identification and such notations, legends, endorsements or changes as the Responsible Officer(s) of the Corporation executing the same may approve (execution thereof to be conclusive evidence of such approval) and as are not inconsistent with the provisions of this Indenture, or as may be required by the Trustee, the Depositary, or as may be required to comply with any Applicable Securities Laws or with any rule or regulation made pursuant thereto or ...
Form and Terms of Debentures. (a) The Debentures authorized for issue immediately are limited to an aggregate principal amount of $23,000,000 at an issue price of $1,000 per Debenture (the “Issue Price”) and shall be designated as “9% Secured Convertible Debentures” and in the form set out in Schedule A hereto.
(b) The Debentures may be issued in one or more tranches and, in any case, shall be dated as of the applicable Closing and shall mature on March 31, 2022 (the “Maturity Date”).
(c) The Debentures shall bear interest from the applicable Closing at the rate of 9.0% per annum, based on a 365 day year, payable after as well as before maturity and after as well as before default, with interest on amounts in default at the same rate, compounded semi-annually. Interest shall be calculated quarterly on each Interest Calculation Date and will be paid in arrears in equal quarterly payments (with the exception of the first interest payment, which will include interest from and including the date of the applicable Closing to and including the next Interest Calculation Date, and the last interest payment, which will include interest accrued from January 1, 2022 to but excluding the Maturity Date and will be payable on the Maturity Date), in cash, on the applicable Interest Payment Date (other than the last interest payment, which will be payable on the Maturity Date) to holders of record as at the close of business on the applicable Interest Calculation Date (or as at the close of business on the 5th Business Day prior to the Maturity Date in the case of the last interest payment). The first interest payment will fall due on July 20, 2017 and the last interest payment (representing interest payable from but excluding the last Interest Calculation Date to but excluding the Maturity Date) will fall due on the Maturity Date. Any payment required to be made on any day that is not a Business Day will be made on the next succeeding Business Day. The record date for any payment of interest on the Debentures will be the applicable Interest Calculation Date (or the 5th Business Day prior to the Maturity Date in the case of the last interest payment).
(d) The Corporation may at its option, at any time after two years from the Initial Closing Date (or otherwise as provided in this Indenture), redeem in whole or in part from time to time, in accordance with the terms of Article 4, the principal amount of the Debentures at the Redemption Price which will be: (i) commencing on the date which is two years ...
Form and Terms of Debentures. (a) The Debentures shall be dated as of the Issue Date. The Debentures shall bear interest from and including the Interest Commencement Date at the rate of 6% per annum (after as well as before Maturity, default and judgment, with interest on overdue interest at the said rate), payable in equal quarterly instalments in arrears on each Interest Payment Date, subject to section 2.3, and the Debentures shall mature on the Maturity Date. Subject to the other terms hereof, the principal of the Debentures will be payable on the Maturity Date in lawful money of the United States against surrender thereof by the Holder at the Corporate Trust Office or at such place or places as may be designated by the Issuer for that purpose.
(b) The Debentures shall be issued as fully registered Debentures in denominations of $1,000 and integral multiples of $1,000, or as a Global Debenture, and shall be convertible as provided for in Article 5.
(c) The Debentures and the certificate of the Trustee endorsed thereon shall be substantially in the form set forth in Schedule 2.2 hereto, provided that if a Debenture is issued as a Global Debenture in accordance with section 2.11, it shall have appended thereto a principal amount grid in the form of Schedule 2.2(c), which shall be appropriately adjusted at such times as Debentures are converted or repurchased in accordance with the terms hereof.
Form and Terms of Debentures. (a) The Debentures shall be dated as of the Issue Date. The Debentures shall bear interest from and including the Issue Date at the rate of 6.25% per annum (after as well as before Maturity, default and judgment, with interest on overdue interest at the said rate), payable in equal semi-annual instalments in arrears on each Interest Payment Date subject to section 2.3, and the Debentures shall mature on the Maturity Date (unless redeemed or repurchased in accordance with this Indenture).
(b) Subject to the Share Redemption Right pursuant to section 3.7(a) and the Share Repayment Right pursuant to section 5.2(a), the principal of the Debentures will be payable on the Maturity Date in lawful money of the United States against surrender thereof by the Holder at the Corporate Trust Office or at such place or places as may be designated by the Corporation for that purpose.
(c) The Debentures shall be issued as fully registered Debentures in denominations of $1,000 and integral multiples of $1,000 or as a Global Debenture, shall be redeemable as provided for in Article 3 and shall be convertible as provided for in Article 4.
(d) The Debentures and the certificate of the Indenture Trustee endorsed thereon shall be substantially in the form set forth in Schedule “A” hereto, provided that if a Debenture is issued as a Global Debenture in accordance with section 2.11, it shall have appended thereto a principal amount grid in the form of Schedule “A” to the form of Debenture attached as Schedule “A” hereto which shall be appropriately adjusted at such times as Debentures are converted, redeemed or repurchased in accordance with the terms hereof.
Form and Terms of Debentures. (a) The Debentures authorized for issue and which may be Authenticated and delivered under this Indenture are limited to an aggregate principal amount of up to $65,000,000, may only be issued upon and subject to the conditions and limitations set forth herein and shall be designated as "8.00% Secured Convertible Debentures due 2027".
(b) The Debentures shall be issued in denominations of $1,000 and integral multiples of $1,000. Each Debenture and the certificate of the Trustee endorsed thereon shall be issued in substantially the form set out in Schedule "A", with such insertions, omissions, substitutions or other variations as shall be required or permitted by this Indenture, and may have imprinted or otherwise reproduced thereon such legend or legends or endorsements, not inconsistent with the provisions of this Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto or with any rules or regulations of any securities exchange or securities regulatory authority or to conform with general usage, all as may be determined by the Board of Directors executing such Debenture in accordance with Section 2.3, as conclusively evidenced by their execution of a Debenture. Each Debenture shall additionally bear such distinguishing letters and numbers as the Trustee shall approve. Notwithstanding the foregoing, a Debenture may be in such other form or forms as may, from time to time, be approved by a resolution of the Board of Directors, including as Uncertificated Debentures in accordance with Section 2.2, or as specified in an Officer's Certificate. The Debentures may be engraved, lithographed, printed, mimeographed or typewritten or partly in one form and partly in another. The Debentures shall be issued in the form of definitive Debenture Certificates or as Uncertificated Debentures (unless a U.S. Legend applies), and shall bear the U.S. Legend, if applicable.
(c) The Debentures shall be dated as of the Issue Date and shall mature on the Maturity Date. Subject to the terms and conditions hereof, the outstanding principal amount of the Debentures shall be repaid by the Company to the Debentureholders on the Maturity Date, together with all accrued and unpaid interest on the outstanding principal (the "Maturity Date Payment").
(d) The Debentures shall bear interest from and including the Issue Date at the rate of 8.00% per annum (based on a year of 365 days), which shall be capitalized quarterly (on each Quarterly Date a...
Form and Terms of Debentures. (a) The Debentures authorized to be issued hereunder may be issued pursuant to the Offering, and shall be limited to an aggregate principal amount of $35,880,000, designated as “8% Extendible Convertible Unsecured Debentures”. The Debentures shall be issuable only in denominations of $1,000 principal amount and any integral multiple thereof.
(b) The Debentures need not be issued at the same time. The Debentures shall be dated as of their respective Issue Date and shall mature on the Initial Maturity Date, provided, however, if the 828 Acquisition is completed at or before 5:00 p.m. (Toronto time) on November 30, 2018, the maturity date of the Debentures will be automatically extended from the Initial Maturity Date to the Final Maturity Date without any further act or formality on the part of the Corporation or the Trustee. The Corporation shall provide written notice to the Trustee of the completion of the 828 Acquisition. If the 828 Acquisition is not completed at or before 5:00 p.m. (Toronto time) on the Initial Maturity Date, the Debentures will mature on the Initial Maturity Date. If the Debentures mature on the Initial Maturity Date, Debentureholders will receive, on or prior to the tenth Business Day following the Initial Maturity Date, an amount in lawful money of Canada equal to the Offer Price therefor plus accrued and unpaid interest thereon, provided that if the Corporation terminates the 828 Acquisition, Debentureholders shall receive, on or prior to the third Business Day following the notice of termination, an amount in lawful money of Canada equal to 104% of the Offer Price therefor.
(c) The Debentures shall bear interest from and including the Issue Date at the rate of 8% per annum (based on a year of 360 days composed of twelve 30-day months), payable in arrears in semi- annual payments (with the exception of the first interest payment which will include interest from and including the Closing Date and the last interest payment which will include interest from and including the last Interest Payment Date to but excluding the Maturity Date) on June 30 and December 31 of each year, commencing with the Initial Coupon Payment to fall due on the Initial Coupon Payment Date and the last such payment (representing interest payable from and including the last Interest Payment Date to but excluding the Maturity Date of the Debentures or the earlier date of repurchase or conversion of the Debentures) to fall due on the Maturity Date or an earlier da...
Form and Terms of Debentures. The Debentures shall be dated as of the Issue Date. The Debentures shall bear interest from and including the Issue Date at the rate of 10.0% per annum (after as well as before maturity, default and judgment, with interest on overdue interest at t...
Form and Terms of Debentures. (1) The Debentures shall be dated as of August 1, 2000, shall bear interest from and including that date at the rate of 6.00% per annum (after as well as before maturity, default and judgment, with interest on overdue interest at such rate), payable in equal semi-annual instalments in arrears in lawful money of Canada on each Interest Payment Date, and shall mature on the Maturity Date.
(2) Subject to exercise of (i) the right to redeem pursuant to Article 3; (ii) the right to convert pursuant to Section 4.1 or Section 4.3; and (iii) the Share Repayment Right pursuant to Section 4.3, the principal of the Debentures will be payable on the Maturity Date in lawful money of Canada against surrender thereof by the registered Holder of the Debentures at the place at which the register is maintained pursuant to Section 2.9.
(3) The Debentures shall be issued as fully registered Debentures in denominations of $1,000 and integral multiples of $1,000, shall be redeemable as provided for in Article 3 and shall be convertible as provided for in Article 4.
(4) The Debentures and the certificate of the Trustee endorsed thereon shall be substantially in the form set forth in Schedule "A" hereto.
(5) Subject to applicable law and the rules of the TSE, the Debentures may be printed, engraved or lithographed or may be partly in one form and partly in the other, as the Corporation may determine.
