Common use of Form and Terms of Debentures Clause in Contracts

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 with any rule or regulation of any securities exchange or automated quotation system on which the Debentures may be listed, or to conform to usage, or to indicate any special limitations or restrictions to which any particular Debentures are subject. (6) The Corporation in issuing the Debentures may use “CUSIP” and “ISIN” numbers (if then generally in use), and, if so, the Trustee shall use “CUSIP” and “ISIN” numbers in all notices issued to Holders as a convenience to Holders; provided that any such notice may state that no representation is made as to the correctness of such numbers either as printed on the Debentures or as contained in any notice and that reliance may be placed only on the other elements of identification printed on the Debentures. The Corporation shall promptly notify the Trustee in writing of any changes to the CUSIP and ISIN number.

Form and Terms of Debentures. (1) The Debentures authorized for issue under this Indenture are limited to an aggregate principal amount of up to $40,380,000 and shall be dated designated as of the Issue Date“0.00% Convertible Senior Unsecured Debentures”. The Debentures shall bear interest from be in the form provided for in Schedule A hereto. For the avoidance of doubt, it is acknowledged and including agreed that the Issue Date at Debentures shall constitute one and 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), same series and the Debentures shall mature on be 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 only debentures issued under or pursuant to Section 2.3(4)this Indenture. (2) Subject to The Debentures shall mature on January 15, 2024 (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 purposeDate”). (3) The Debentures shall bear interest from the date of issuance of such Debentures at the rate of 0.00% per annum (based on a year of 365 or 366 days, as the case may be), payable after as well as before default, with interest on amounts in default at the same rate, in each case, in Common Shares on the Principal Converted on each Interest Payment Date in accordance with Section 6.4. Any payment required to be made on any day that is not a Business Day will be made on the next succeeding Business Day. Any and all interest payable under this Indenture or any Debenture shall be paid in Common Shares, and for greater certainty, subject to Section 2.14, Section 8.1 and Article 9 hereof, in no event shall any cash payment or any other property of the Corporation be payable by the Corporation to the Debentureholders in connection with, or as a result of, the issuance, conversion or repayment of the Debentures. Notwithstanding anything contained herein to the contrary or in any Debenture, no interest or premiums shall be paid on or in respect of the Debentures. (4) Each Debenture will rank pari passu with each other Debenture (regardless of their actual date or terms of issue) and, subject to statutory preferred exceptions, with all other present and future senior unsecured obligations or indebtedness of the Corporation. (5) Upon and subject to the provisions and conditions of Article 6 and Section 3.7, the holder of each Debenture shall have the right at such holder’s option, at any time after the Trigger Date and prior to the Time of Expiry, to convert any part, being $1,000 or an integral multiple of $1,000 thereof, of the principal amount of a Debenture plus any accrued and unpaid interest thereon into Common Shares based on the Conversion Price in effect on the applicable Date of Conversion. No adjustment in the number of Common Shares to be issued as fully registered upon conversion of the Debentures will be made for dividends or distributions on Common Shares issuable upon conversion of the Debentures. No fractional Common Shares will be issued upon conversion of the Debentures and where the aggregate number of Common Shares to be so issued to a Debentureholder would result in a fraction of a Common Share being issuable, the number of Common Shares to be received by such holder shall be rounded down to the nearest whole Common Share. The Conversion Price applicable to, and the Common Shares receivable on the conversion of, the Debentures is subject to adjustment pursuant to the provisions of Section 12.1. Holders converting their Debentures will receive the applicable number of Common Shares due on account of the principal and all accrued and unpaid interest (subject to Section 7.10) in respect of the Debentures surrendered for conversion up to but excluding the Date of Conversion from, and including, the date of issuance of such Debentures. (6) [Reserved] (7) The Debentures shall be issued 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 1,000 thereof. Each Debenture and the certificate of the Trustee endorsed thereon shall be issued in substantially in the form set forth out in Schedule 2.2 FORM OF DEBENTURE hereto. The terms and provisions contained in the Form of Debenture A, with such insertions, omissions, substitutions or other variations as shall constitute, and are hereby expressly made, a part of this Indenture and, to the extent applicable, the Corporation and the Trustee, be required or permitted 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 imprinted or otherwise reproduced thereon such letterslegend or legends or endorsements, 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 law or with any rule rules or regulation made regulations pursuant thereto or with any rule rules or regulation regulations of any securities exchange or automated quotation system on which 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 2.8 hereof, 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, or as specified in an Officer’s Certificate or in an indenture supplemental hereto, in each case, in accordance herewith. The Debentures may be listedengraved, lithographed, printed, mimeographed or to conform to usage, typewritten or to indicate any special limitations partly in one form and partly in another. The Debentures shall be issued in the form of one or restrictions to which any particular Debentures are subjectmore Debenture Certificates and/or as Uncertificated Debentures. (6) The Corporation in issuing the Debentures may use “CUSIP” and “ISIN” numbers (if then generally in use), and, if so, the Trustee shall use “CUSIP” and “ISIN” numbers in all notices issued to Holders as a convenience to Holders; provided that any such notice may state that no representation is made as to the correctness of such numbers either as printed on the Debentures or as contained in any notice and that reliance may be placed only on the other elements of identification printed on the Debentures. The Corporation shall promptly notify the Trustee in writing of any changes to the CUSIP and ISIN number.8) [Reserved]

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 Holder 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 with any rule or regulation of any securities exchange or automated quotation system on which the Debentures may be listed, or to conform to usage, or to indicate any special limitations or restrictions to which any particular Debentures are subject. (6) The Corporation in issuing the Debentures may use “CUSIP” and “ISIN” numbers (if then generally in use), and, if so, the Trustee shall use “CUSIP” and “ISIN” numbers in all notices issued to Holders as a convenience to Holders; provided that any such notice may state that no representation is made as to the correctness of such numbers either as printed on the Debentures or as contained in any notice and that reliance may be placed only on the other elements of identification printed on the Debentures. The Corporation shall promptly notify the Trustee in writing of any changes to the CUSIP and ISIN number.

Form and Terms of Debentures. (1a) The Debentures shall be dated as of the Issue Issuance Date. The Debentures , shall mature on October 19, 2028, being the first day following the fifth anniversary (the “Maturity Date”), and shall bear interest from (subject to the provisions of Sections 2.9 and including the Issue Date 2.15) at the a rate of 8.012.0% per annum (after as well as before maturity, default in cash commencing from the date hereof 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 equal monthly installments (except for 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 (as defined herein)) on December 31the last day of each month, 2018 and on the Maturity Date (each an “Interest Payment Date”), and for greater certainty, the first Interest Payment Date shall be November 30, 2023 and will include interest accrued from the Issue Date todate hereof to but excluding November 30, but excluding2023 which will be equal to $0.01427 for each $1.00 principal amount of Debentures, December 31provided that interest in respect of any interest period that is less than a full calendar month shall be calculated based on a 365- or 366-day year, 2018as applicable, subject to Section 2.3(4). (2) Subject to and the Debentures being converted in accordance with the terms number of Article 4 or purchased prior to the Maturity Date in accordance with the terms of this Indenture, the outstanding principal of days actually elapsed during such period. Interest on 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 purposeaccordance with Section 2.15. (3b) The Debentures shall may be issued as fully registered on multiple dates from the date hereof which, for greater certainty, shall not be later than October 31, 2023. Irrespective of their Issuance Date, all 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 issued hereunder shall be issued as Certificated Debentures and are required to bear such legends as set out in Section 2.26accrue interest commencing from the date hereof. (4c) The Debentures will rank pari passu irrespective of their Issuance Date to all existing and the certificate future subordinated indebtedness 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 will be subordinated to 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) Senior Indebtedness of the Corporation executing the same may approve (execution thereof to be conclusive evidence of such approval) and as are not inconsistent in accordance 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 with any rule or regulation of any securities exchange or automated quotation system on which the Debentures may be listed, or to conform to usage, or to indicate any special limitations or restrictions to which any particular Debentures are subjectArticle 4. (6d) Upon and subject to the provisions and conditions of Article 5, the holder of each Debenture shall have the right, at such holder’s option, at any time prior to 5:00 p.m. (Toronto time) on the last Business Day immediately preceding the Maturity Date (the “Time of Expiry”), to convert such Debenture into Common Shares at the Conversion Price in effect at the Date of Conversion. (e) The Corporation Conversion Price in issuing effect on the date hereof for each Common Share to be issued upon the conversion of the Debentures may use “CUSIP” and “ISIN” numbers (if then generally in use), and, if so, the Trustee shall use “CUSIP” and “ISIN” numbers in all notices issued be equal to Holders as a convenience to Holders; provided $0.45 such that any such notice may state that no representation is made as to the correctness of such numbers either as printed on the Debentures or as contained in any notice and that reliance may be placed only on the other elements of identification printed on the Debentures. The Corporation shall promptly notify the Trustee in writing of any changes to the CUSIP and ISIN number.approximately