Common use of Indemnification Prior to Certain Actions by Trustee Clause in Contracts

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE 5, subject to Section 6.15.

Appears in 4 contracts

Samples: Voting and Exchange Trust Agreement (U S Gold Corp), Voting and Exchange Trust Agreement (U S Gold Corp), Arrangement Agreement (Minera Andes Inc /Wa)

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Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Exchange Right and the Automatic Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 3 contracts

Samples: Voting and Exchange Trust Agreement (Akerna Corp.), Arrangement Agreement (Akerna Corp.), Arrangement Agreement (Vail Resorts Inc)

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the RTO Acquiror Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right and the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 2 contracts

Samples: Voting and Exchange Trust Agreement (Meta Materials Inc.), Arrangement Agreement (Torchlight Energy Resources Inc)

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (U S Gold Corp)

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Abgenix Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 7.15, and with respect to the Exchange Right, the automatic Exchange Rights on Liquidation and the Cash Put Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE 5, subject to Section 6.15.

Appears in 1 contract

Samples: Trust Agreement (Abgenix Inc)

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Newmont Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.157.15, and with respect to the Automatic Exchange Right and the Automatic Exchange Rights on Liquidation pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (Newmont Mining Corp /De/)

Indemnification Prior to Certain Actions by Trustee. (1a) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or and indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 6.14, and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Exchange Agreement (Biotricity Inc.)

Indemnification Prior to Certain Actions by Trustee. (1a) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or and indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Exchange Right and the Automatic Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (DelMar Pharmaceuticals, Inc.)

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the United Royale Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.156.12, and with respect to the Automatic Exchange Right and the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (United Royale Holdings Corp.)

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Indemnification Prior to Certain Actions by Trustee. (1a) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE Section 4, subject to Section 6.15 6.14, and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE Section 5, subject to Section 6.15.

Appears in 1 contract

Samples: Share Exchange Agreement (Rockford Minerals Inc /Fi)

Indemnification Prior to Certain Actions by Trustee. (1a) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or and indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE ?Article 4, subject to Section 6.15 ?6.14, and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE ?Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Trust Agreement (Biotricity Inc.)

Indemnification Prior to Certain Actions by Trustee. (1a) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Exchange Right and the Automatic Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Arrangement Agreement (Molycorp, Inc.)

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share held by the Trustee pursuant to ARTICLE Article 4, subject to Section 6.15 and 6.15, with respect to the Exchange Put Right and the Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15, and with respect to the Automatic Exchange Right Rights pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Combination Agreement (Fuelcell Energy Inc)

Indemnification Prior to Certain Actions by Trustee. (1) The Trustee shall exercise any or all of the rights, duties, powers or authorities vested in it by this Agreement at the request, order or direction of any Beneficiary upon such Beneficiary furnishing to the Trustee reasonable funding, security and or indemnity against the costs, expenses and liabilities which may be incurred by the Trustee therein or thereby, provided that no Beneficiary shall be obligated to furnish to the Trustee any such funding, security or indemnity in connection with the exercise by the Trustee of any of its rights, duties, powers and authorities with respect to the Special Voting Share pursuant to ARTICLE Article 4, subject to Section 6.15 7.15, and with respect to the Exchange Right pursuant to ARTICLE 5, subject to Section 6.15, and with respect to the Automatic Exchange Right pursuant to ARTICLE Article 5, subject to Section 6.15.

Appears in 1 contract

Samples: Voting and Exchange Trust Agreement (D-Wave Quantum Inc.)

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