Manner of Exercise of Right to Convert Sample Clauses

Manner of Exercise of Right to Convert. (a) The holder of a Debenture desiring to convert such Debenture in whole or in part into Units shall surrender such Debenture to the Trustee at its principal office in the City of Toronto, Ontario together with the conversion notice in the form of Schedule "C" or any other written notice in a form satisfactory to the Trustee, duly executed by the holder or his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising his right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to an Uncertificated Debenture, registration and surrender of interests in the Debentures will be made only through the Depositary's non-certificated system. Thereupon such Debentureholder or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company as at the Date of Conversion (or such later date as is specified in subsection 6.4(g)) as the holder of the number of Unit Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible in accordance with the provisions of this Article and, as soon as practicable thereafter, the Company shall deliver to such Debentureholder or, subject as aforesaid, his nominee(s) or assignee(s), a certificate or certificates for such Common Shares and Warrants or deposit such Unit Shares and Warrants through the Depository's non-certificated system and make or cause to be made any payment of interest to which such holder is entitled in accordance with subsection 6.4(j). (b) A Beneficial Holder may exercise the right evidenced by a Debenture to receive Unit Shares and Warrants by causing a Participant to deliver to the Depository on behalf of the Beneficial Holder, a notice of such Beneficial Holder's intention to convert the Debentures in a manner acceptable to the Depository. Forthwith upon receipt by the Depository of such notice, the Depository shall deliver to the Trustee a Transaction Instruction confirming its intention to convert Debentures in a manner acceptable to the Trustee, including by electronic means through the non-certificated inventory system. (c) A notice in form acceptable to the Participant from such Beneficial Ho...

Manner of Exercise of Right to Convert. (a) The holder of a Debenture desiring to convert such Debenture in whole or in part into Trust Units shall surrender such Debenture to the Debenture Trustee at its principal office in the City of Calgary together with a conversion notice in the form attached hereto as Schedule D or any other written notice in a form satisfactory to the Debenture Trustee, in either case duly executed by the holder or his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Debenture Trustee, exercising his right to convert such Debenture in accordance with the provisions of this Article. Thereupon such Debentureholder or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Debenture Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Trust as at the Date of Conversion (or such later date as is specified in Section 6.4(b)) as the holder of the number of Trust Units into which such Debenture is convertible in accordance with the provisions of this Article and, as soon as practicable thereafter, the Trust shall deliver to such Debentureholder or, subject as aforesaid, his nominee(s) or assignee(s), a certificate or certificates for such Trust Units and make or cause to be made any payment of interest to which such holder is entitled in accordance with Section 6.4(e) hereof. (b) For the purposes of this Article, a Debenture shall be deemed to be surrendered for conversion on the date (herein called the “Date of Conversion”) on which it is so surrendered in accordance with the provisions of this Article and, in the case of a Debenture so surrendered by post or other means of transmission, on the date on which it is received by the Debenture Trustee at its office specified in Section 6.4(a); provided that if a Debenture is surrendered for conversion on a day on which the register of Trust Units is closed, the person or persons entitled to receive Trust Units shall become the holder or holders of record of such Trust Units as at the date on which such register is next reopened. (c) Any part, being $1,000 or an integral multiple thereof, of a Debenture in a denomination in excess of $1,000 may be converted as provided in this Article and all references in this Indenture to conversion of Debentures shall be deemed to ...

Manner of Exercise of Right to Convert. (a) The Holder of a Tranche A Note desiring to convert such Note, in whole or in part, into Shares of the Company shall surrender such Note to the Company at its principal office together with a written conversion notice (the "Notice of Conversion"), substantially in the form as set forth on Exhibit 2 hereto, stating (i) the principal amount of the outstanding Note to be converted into Shares of the Company and (ii) the Percentage Interest to be issued to such Holder upon conversion of such Note pursuant to Section 6.1. The date on which the Notice of Conversion is delivered to the Company is referred to herein as the "Date of Conversion". Effective as of the Date of Conversion, such Holder shall be admitted as a shareholder of the Company and shall be issued such Percentage Interest as set forth in the applicable Notice of Conversion. Within three (3) Business Days after receipt by the Company of the Notice of Conversion form such Holder, the Company shall deliver to such Holder (i) any payment of interest to which such Holder is entitled in accordance with Section 6.2(c) and (ii) duly-authorized, validly-issued, fully-paid, and non-assessable Shares, issuance of which is covered by an effective registration statement. (b) Upon a Holder of any Note exercising the right of conversion in respect of only a part of the Note and surrendering such Note to the Company in accordance with Section 6.2(a), the Company shall cancel the same and shall without charge forthwith certify and deliver to the Holder a new Note in a principal amount equal to the unconverted part of the principal amount of the Note so surrendered. (c) The Holder of a Note surrendered for conversion in accordance with this Section 6.2 shall be entitled to receive accrued and unpaid interest in respect thereof up to the Interest Payment Date on or immediately preceding the Date of Conversion of such Notes, but there shall be no payment or adjustment by the Company on account of any interest accrued or accruing on such Notes from the latest Interest Payment Date until the Date of Conversion (unless the Date of Conversion occurs on the Interest Payment Date).

Manner of Exercise of Right to Convert. (a) The Holder of a Debenture desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture to the Trustee at its principal office in the City of Calgary, Alberta, together with the conversion notice set out in Schedule "A" or any other written notice in a form satisfactory to the Trustee, in either case duly executed by the Holder or his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising his right to convert such Debenture in accordance with the provisions of this Article. Thereupon such Debentureholder or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (or such later date as is specified in Section 4.1 and Section 4.4(b)) as the Holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article and, as soon as practicable thereafter, the Corporation shall electronically deposit the Common Shares as directed by the Debentureholder or deliver to such Debentureholder or, subject as aforesaid, his nominee(s) or assignee(s), a certificate or certificates for such Common Shares and make or cause to be made any payment of interest to which such Holder is entitled in accordance with Section 4.4(e). (b) For the purposes of Section 4.1, a Debenture shall be deemed to be surrendered for conversion on the date (the "Date of Conversion") on which it is so surrendered when the register of the Trustee is open and in accordance with the provisions of this Article and, in the case of a Debenture so surrendered by post or other means of transmission, on the date on which it is received by the Trustee at its principal office specified in Section 4.4(a); provided that if a Debenture is surrendered for conversion on a day on which the register of Common Shares is closed, the Person or Persons entitled to receive Common Shares shall become the Holder or holders of record of such Common Shares as at the date on which such registers are next reopened. (c) Any part, being $1,000 or an integral multiple thereof, of a Debenture in a denomination in excess of $1,000 may be converted as provided in...

Manner of Exercise of Right to Convert. The Holder may exercise his right to convert in accordance with the provisions of Section 3.1 by sending to the Corporation at its principal address a notice (the “Conversion Notice”) exercising his right to convert in accordance with the provisions of this ARTICLE 3. The Holder shall be entitled to be entered in the books of the Corporation as at the date of the Conversion Notice as the holder of the number of Common Shares or other shares, as the case may be, into which the Promissory Note is convertible in accordance with the provisions of this ARTICLE 3 and within 10 business days of the conversion, the Corporation shall deliver to the Holder a certificate or certificates for such Common Shares or other shares, as the case may be.

Manner of Exercise of Right to Convert. (a) The holder of a Debenture desiring to convert such Debenture in whole or in part into Shares shall surrender such Debenture to the Debenture Trustee at its principal offices in Calgary, Alberta or Toronto, Ontario together with the conversion notice in the form attached hereto as Schedule "D" or any other written notice in a form satisfactory to the Debenture Trustee, in either case, duly executed by the holder or his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Debenture Trustee, exercising his right to convert such Debenture in accordance with the provisions of this Article 6; provided that with respect to a Global Debenture, the obligation to surrender a Debenture to the Debenture Trustee shall be satisfied if the Debenture Trustee makes notation on the Global Debenture of the principal amount thereof so converted and the Debenture Trustee is provided with all other documentation which it may reasonably request. Thereupon such Debentureholder or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Debenture Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (or such later date as is specified in Section 6.4(b)) as the holder of the number of Shares into which such Debenture is convertible in accordance with the provisions of this Article 6 and, within three (3) Business Days thereafter, the Debenture Trustee shall (i) deliver to such Debentureholder or, subject as aforesaid, his nominee(s) or assignee(s), a certificate or certificates for such Shares and (ii) make or cause to be made any payment of interest to which such holder is entitled in accordance with Section 6.4(e) hereof or in respect of fractional Shares as provided in Section 6.6. (b) For the purposes of this Article, a Debenture shall be deemed to be surrendered for conversion on the date on which it is so surrendered when the register of the Debenture Trustee is open and in accordance with the provisions of this Article 6 or, in the case of a Global Debenture, on the date which the Debenture Trustee received notice of and all necessary documentation in respect of the exercise of the conversion rights and, in the case of a Debenture so surrendered by post or other means of t...

Manner of Exercise of Right to Convert. (a) The applicable Convertible Term Loan Lender converting its Conversion Amount into Common Shares shall surrender its Convertible Notes (if any) to Borrower at its chief executive office indicated in Annex F together with a completed Conversion Form or any other written notice in a form satisfactory to Borrower, in either case duly executed by such Convertible Term Loan Lender, exercising the right to convert such Conversion Amount or being required to convert such Conversion Amount in accordance with the provisions hereof. If any of the Common Shares into which such Conversion Amount is to be converted are to be issued to a Person or Persons other than the applicable Convertible Term Loan Lender (e.g. a nominee name), such Conversion Form or notice shall be in form and execution satisfactory to Borrower and shall be accompanied by payment to Borrower of any transfer tax which may be payable by reason thereof. Upon the surrender of such Convertible Notes accompanied by such Conversion Form or notice (i) the applicable Convertible Term Loan Lender shall be issued the number of Common Shares which it shall be entitled to receive on such conversion, (ii) the applicable Convertible Term Loan Lender releases Borrower of all liability with respect to the Conversion Amount which has been converted, and (iii) Borrower agrees that the surrender of such Convertible Notes constitutes the sole consideration for the Common Shares issuable upon such conversion. Subject to Section 1.1(7)(b), upon delivery of the requisite Conversion Form or notice, such Convertible Term Loan Lender or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of Borrower, the nominee(s) or assignee(s) thereof, shall be entitled to be entered in the books of Borrower as at the Date of Conversion as the holder of the number of Common Shares into which such Conversion Amount is convertible in accordance with the provisions hereof and, as soon as practicable thereafter, Borrower shall deliver to such Convertible Term Loan Lender or, subject as aforesaid, the nominee(s) or assignee(s) thereof, a certificate or certificates for such Common Shares and make or cause to be made any payment of dividends to which such Convertible Term Loan Lender is entitled in accordance with Section 1.1(7)(c). (b) A Convertible Note shall be deemed to be surrendered for conversion on the date (herein called the "Date of Co...

Manner of Exercise of Right to Convert. (1) The holder of a Debenture Certificate desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture Certificate to the Trustee at its principal office in the City of Toronto, Ontario together with the conversion notice in the form of Schedule B or any other written notice in a form satisfactory to the Trustee, duly executed by the holder or its executors or administrators or other legal representatives or its or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to an Uncertificated Debenture, registration and surrender of interests in the Debentures will be made only through the Depository’s non- certificated system. Restricted Uncertificated Debentures and Restricted Physical Debentures shall be converted into Common Shares and marked to bear the U.S. Legend, and Unrestricted Uncertificated Debentures shall be converted into Common Shares issued (i) in the event that such Common Shares are issued before September 24, 2019, under restricted share CUSIP – 00000X000 and ISIN – CA13809L2084; and (ii) in the event that such Common Shares are issued on or after September 24, 2019, under unrestricted share CUSIP – 00000X000 and ISIN – CA13809L1094. Upon the Trustee receiving a conversion request for a Restricted Uncertificated Debenture or a Restricted Physical Debenture, including an executed conversion notice as set out in Schedule B with the box therein being ticked, the Trustee will issue Common Shares without the U.S. Legend (i) in the event that such Common Shares are issued before September 24, 2019, under restricted share CUSIP – 00000X000 and ISIN – CA13809L2084; and (ii) in the event that such Common Shares are issued on or after September 24, 2019, under unrestricted share CUSIP – 00000X000 and ISIN – CA13809L1094. Thereupon such Debentureholder or, subject to compliance with the applicable terms and provisions hereof and payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (or such later date as is specified in Section 5.4(2)) as the holder of the number of Common Shares, as applicable, into wh...

Manner of Exercise of Right to Convert. 2.1 On each occasion on which the Vendor desires to convert a portion of the Debt to Shares, the Vendor shall deliver a written notice (each a "Notice') to the Parent specifying the amount of the Debt to be converted, expressed in U.S. dollars. 2.2 Upon receiving a Notice, the Parent shall, within five (5) days: (a) deliver an appropriate order to its transfer agent directing the registration of the Vendor as the owner of the number of Shares into which the portion of the Debt specified in the Notice is convertible; and (b) deliver to the Vendor certificates for the shares and warrants comprised in such Shares and, if applicable, a cheque for any amount payable under paragraph 4.1. 2.3 Any part of the Debt may be converted as provided in this Option and all references in this Option to the conversion of the Debt shall be deemed to include the conversion of a part of the Debt where applicable.

Manner of Exercise of Right to Convert. The Holder of a Note desiring to convert such Note in whole or in part into Common Shares in accordance with section 3.1 shall surrender such Note to the Trustee at the Corporate Trust Office together with the Conversion Form on the back of such Note or any other written notice, in either case duly executed by the Holder or its executors or administrators or other legal representatives or its or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee and VGZ, in each case acting reasonably, exercising its right to convert such Note in accordance with the provisions of this Article 3. Thereupon such Noteholder and/or its nominee(s) or assignee(s) shall be entitled to be entered in the books of VGZ as at the Date of Conversion (as defined below) as the Holder of the number of Common Shares into which such Note is convertible in accordance with the provisions of this Article 3 and, as soon as practicable thereafter and in any event within five (5) Business Days, VGZ shall deliver or cause to be delivered to such Noteholder and/or, subject as aforesaid, its nominee(s) or assignee(s) a certificate or certificates for such Common Shares registered in the name of the Noteholder or as otherwise directed by the Noteholder, and, if applicable, a cheque for any amount payable under section 3.6.