Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Creditor.
Appears in 9 contracts
Samples: Indenture (Modern Mining Technology Corp.), Convertible Debenture Indenture (Siyata Mobile Inc.), Indenture (Organigram Holdings Inc.)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Senior Creditor.
Appears in 7 contracts
Samples: Debenture Indenture, Convertible Debenture Indenture (Energy Fuels Inc), Debenture Indenture (Molycorp, Inc.)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationCompany, any Debentureholder or any Secured Senior Creditor.
Appears in 6 contracts
Samples: Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 4 or any provision in this Indenture or in the Debentures containedDebentures, the Trustee will not be charged with knowledge of any Secured Specified Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationIssuer, any Debentureholder Holder or any Secured Senior Creditor.
Appears in 3 contracts
Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can), Subscription Agreement (Fairfax Financial Holdings LTD/ Can)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, Crailar US any Debentureholder or any Secured Senior Creditor.
Appears in 3 contracts
Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 4 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationCompany, any Debentureholder or any Secured Creditor.
Appears in 3 contracts
Samples: Debenture Indenture, Debenture Indenture, Debenture Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Creditor.
Appears in 3 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture, Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or contained in the Debentures containedDebentures, the Trustee will not be charged with knowledge of any Secured Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event event of Default default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Senior Creditor.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained5, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationIssuer, any Debentureholder or any Secured Creditorholder or representative of any class of Senior Indebtedness or on its behalf.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures containedDebentures, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies hereunder to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured CreditorCreditor or a trustee on behalf of any one or more Secured Creditors, and such notice to the Trustee shall be deemed to be notice to holders of the Debentures. The Trustee will notify Debentureholders as soon as reasonably practicable of such notice.
Appears in 2 contracts
Samples: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained5, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Creditorholder or representative of any class of Senior Indebtedness or on its behalf.
Appears in 2 contracts
Samples: Indenture (Kirkland Lake Gold Ltd.), Trust Indenture (MDC Partners Inc)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 4 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Senior Creditor.
Appears in 1 contract
Samples: Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained5, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies moneys to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationREIT, any Debentureholder or any Secured Creditorholder or representative of any class of Senior Indebtedness or on its behalf.
Appears in 1 contract
Samples: Trust Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 3 or any provision contained in this Indenture or in the Debentures containedDebentures, the Trustee will not be charged with knowledge of any Senior Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any holder of Senior Secured CreditorIndebtedness.
Appears in 1 contract
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures containedDebentures, the Trustee will not be charged with knowledge of any Secured Specified Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationIssuer, any Debentureholder Holder or any Secured Senior Creditor.
Appears in 1 contract
Samples: Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 6 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Creditor.
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereofof any Senior Indebtedness, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, any Debentureholder or any Secured Senior Creditor. The Trustee will notify holders of Debentures of such notice as soon as reasonably practicable after receipt thereof.
Appears in 1 contract
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationTrust, any Debentureholder or any Secured Senior Creditor.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Perpetual Energy Inc.)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 Section 5.11 or any provision in this Indenture or in the Debentures containedNotes, the Trustee will not be charged with knowledge of any Secured Indebtedness Specified Priority Encumbrance or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the CorporationCompany, any Debentureholder Holder or any Secured CreditorSpecified Priority Encumbrance.
Appears in 1 contract
Samples: Trust Indenture
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in the Debentures contained, the Trustee will not be charged with knowledge of any Secured Senior Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until the Trustee has received written notice thereof from the Corporation, NAT US any Debentureholder or any Secured Senior Creditor.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Crailar Technologies Inc)
Knowledge of Trustee. Notwithstanding the provisions of this Article 5 or any provision in this Indenture or in other provisions of the Debentures containedIndenture, the Trustee will shall not be charged with knowledge of any Secured Indebtedness or of any default in the payment thereof, or of the existence of any Event of Default or any other fact that facts which would prohibit the making of any payment of monies to or by the Trustee, or the taking of any other action by the Trustee, unless and until a Responsible Officer of the Trustee has shall have received written notice thereof from the CorporationCompany, any Debentureholder Holder of the Subordinated Securities, any paying agent of the Company or the holder or representative of any Secured Creditorclass of Senior Indebtedness.
Appears in 1 contract
Samples: First Supplemental Indenture (First Mid Bancshares, Inc.)