Common use of Manner of Exercise of Right to Convert Clause in Contracts

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).

Appears in 4 contracts

Samples: Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.)

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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 Common Shares 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 attached hereto as Schedule "C" D 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; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemTrustee is provided with all other documentation which it may 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 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(gSection 6.5(b)) as the holder of the number of Unit Common 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)Section 6.5(e) hereof.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Manner of Exercise of Right to Convert. (a) 6.4.1 The holder of a Debenture desiring to convert such Debenture in whole or in part into Units Common Shares shall surrender such Debenture to the Trustee Debenture Agent at its principal office of the Debenture Agent in Montréal, Québec and at the City of branch office in Toronto, Ontario together with the conversion notice in the form of attached hereto as Schedule "C" or any other written notice in a form satisfactory to the Trustee, C 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 TrusteeDebenture Agent, exercising his right to convert such Debenture in accordance with the provisions of this ArticleArticle 6; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Debenture Agent shall be satisfied if the Debenture Agent makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemDebenture Agent is provided with all other documentation which it may 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 TrusteeDebenture Agent, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Business Day immediately after the Date of Conversion (or such later date as is specified in subsection 6.4(g)Section 6.4.2) as the holder of the number of Unit Common Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible in accordance with the provisions of this Article 6 and, as soon as practicable thereafter, the Company Corporation shall (i) 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 (ii) make or cause to be made any payment of interest to which such holder is entitled in accordance with subsection 6.4(j)Section 6.4.5 hereof or in respect of fractional Common Shares as provided in Section 6.6.

Appears in 2 contracts

Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)

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 Common Shares shall surrender such Debenture to the Trustee at either of its principal office offices in the City of Calgary, Alberta or the City of Toronto, Ontario together with the conversion notice in the form of attached hereto as Schedule "C" “D” 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; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemTrustee is provided with all other documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Common 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 Corporation 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)Section 6.4(e) hereof.

Appears in 2 contracts

Samples: Debenture Indenture (Ivanhoe Energy Inc), Debenture Indenture

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 either of its principal office offices in the City of Toronto, Ontario Calgary or the City of Toronto together with the a conversion notice in the form of attached hereto as Schedule "C" 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; 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 Debenture Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Trust as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Shares and Warrants, as applicable, comprising the Trust Units into which such Debenture is convertible in accordance with the provisions of this Article and, as soon as practicable thereafter, the Company Trust 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 Trust Units and make or cause to be made any payment of interest to which such holder is entitled in accordance with subsection 6.4(j)Section 6.4(e) hereof.

Appears in 2 contracts

Samples: Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust)

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 Common Shares shall surrender such Debenture to the Trustee at either of its principal office offices in the City of Calgary, Alberta or the City of Toronto, Ontario together with the conversion notice in the form of attached hereto as Schedule "C" D 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; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemTrustee is provided with all other documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Common 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 Corporation 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)Section 6.4(e) hereof.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Anderson Energy LTD), Convertible Debenture (Advantage Oil & Gas Ltd.)

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 Common Shares 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 attached hereto as Schedule "C" 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; provided that with respect to an Uncertificated DebentureDebentures, registration and the obligation to surrender of interests in a Debenture to the Debentures will Trustee shall be made only through satisfied if the Depositary's non-certificated systemTrustee is provided with all documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSections 2.3(g) and 6.4(b)) as the holder of the number of Unit Common 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 Corporation 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(jSection 6.4(e).

Appears in 1 contract

Samples: Debenture Indenture

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 Common Shares 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 attached hereto as Schedule "C" 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; provided that with respect to an Uncertificated DebentureDebentures, registration and the obligation to surrender of interests in a Debenture to the Debentures will Trustee shall be made only through satisfied if the Depositary's non-certificated systemTrustee is provided with all documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSections 2.4(f) and 6.4(b)) as the holder of the number of Unit Common 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 Corporation 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(jSection 6.4(e).

Appears in 1 contract

Samples: sedar-filings-backup.thecse.com

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 Common Shares 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 attached hereto as Schedule "C" “D” 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 ArticleArticle 6; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemTrustee is provided with all other documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Common Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible in accordance with the provisions of this Article 6 and, as soon as practicable thereafter, the Company Corporation 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)Shares.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Energy Fuels Inc)

Manner of Exercise of Right to Convert. (a1) The holder Holder of a Debenture desiring wishing to convert such Debenture in whole or in part into Units Common Shares shall surrender such Debenture Debenture, prior to the Trustee Time of Expiry, to the Trustee, at its principal office offices in any of the City cities of TorontoVancouver, Ontario together Toronto or Montreal with the conversion notice form appearing thereon or appended thereto, 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 form of Schedule "C" or any other written notice in a form and substance satisfactory to the Trustee, irrevocably exercising his right to convert such Debenture in accordance with the provisions of this Article 4. Thereupon, subject to subsection 4.3(8), such Debentureholder or, subject to compliance with all reasonable requirements of the Trustee (including, if required by the Trustee, execution and delivery to the Trustee of a form of transfer satisfactory to the Trustee duly executed by the holder 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 transfer such Holder's Debenture in accordance with or the provisions Common Shares to be issued on conversion of this Article; provided that with respect to an Uncertificated Debenture, registration such Holder's Debenture 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 taxes, security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trusteecharges), his nominee(s) nominee or assignee(s) assignee, shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(g4.2(2)) as the holder of the number of Unit Common Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible in accordance with the provisions of this Article hereof and, as soon as practicable thereafter, the Company Corporation shall deliver to such Debentureholder or, subject as aforesaid, his nominee(s) nominee or assignee(s)assignee, 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 and, if applicable, a cheque for any payment of interest to which such holder is entitled in accordance with subsection 6.4(j)amount payable under section 4.5.

Appears in 1 contract

Samples: Dakota Mining Corp

Manner of Exercise of Right to Convert. (a) The holder of a Debenture desiring to convert such Debenture in whole into Common Shares, Units or other securities, as the case may be, in part into Units accordance with the terms of such series of Debentures, shall surrender such Debenture to the Trustee at its principal office in the City of Toronto, Ontario Vancouver together with the conversion notice in form on the form back of Schedule "C" such Debenture 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; 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 systemArticle 4. 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 Corporation as at the Debenture Exercise Date of Conversion (or such later date as is specified in subsection 6.4(g(b)) as the holder of the number of Unit Common Shares or Common Shares and Warrants, as applicable, comprising the Units or other securities into which such Debenture is convertible in accordance with the provisions of this Article 4 and, as soon as practicable thereafter, the Company shall Corporation shall, if requested, 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 securities to be made issued upon such conversion. In case any payment Debenture of interest a denomination greater than $1,000 shall be surrendered for partial conversion, the Corporation shall execute and the Trustee shall authenticate and deliver to which the holder of debenture so surrendered, without charge to such holder is entitled holder, a new Debenture or Debentures in accordance with subsection 6.4(j)authorized denominations in an aggregate principal amount equal to the unconverted portion of the surrendered Debenture.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

Manner of Exercise of Right to Convert. (a1) The holder of a Debenture desiring to convert such Debenture in whole or in part into Units Subordinate Voting Shares shall surrender such Debenture to the Trustee at its principal office in the City of TorontoVancouver, Ontario British Columbia together with the conversion notice in the form of Schedule "C" B 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 Depository’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 Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(g6.4(2)) as the holder of the number of Unit Shares and WarrantsSubordinate Voting Shares, 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 Corporation shall deliver to such Debentureholder or, subject as aforesaid, his nominee(s) or assignee(s), a certificate or certificates for such Common Subordinate Voting Shares and Warrants or deposit such Unit Subordinate Voting Shares and Warrants through the Depository's ’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(j6.4(5). With respect to a Global Debenture, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes a notation on the Global Debenture of the principal amount thereof so converted and the Trustee is provided with all other documentation which it may request.

Appears in 1 contract

Samples: Indenture

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 Freely Tradable Common Shares shall surrender such Debenture to the Trustee at either of its principal office offices in the City of Halifax, Nova Scotia or the City of Toronto, Ontario together with the conversion notice in the form of attached hereto as Schedule "C" D 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 ArticleARTICLE VI; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemTrustee, acting reasonably, is provided with all other documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Common Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible in accordance with the provisions of this Article ARTICLE VI and, as soon as practicable thereafter, the Company Corporation 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)Section 6.4(e) hereof or in respect of fractional Common Shares as provided in Section 6.6.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Brigus Gold Corp.)

Manner of Exercise of Right to Convert. (a1) The holder of a Debenture desiring to convert such Debenture in whole or in part into Units Common Shares 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 attached hereto as Schedule "C" 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; provided that with respect to an Uncertificated DebentureDebentures, registration and the obligation to surrender of interests in a Debenture to the Debentures will Trustee shall be made only through satisfied if the Depositary's non-certificated systemTrustee is provided with all documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 4.1(1) and Section 4.4(2)) as the holder of the number of Unit Common 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 Corporation 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(jSection 4.4(5).

Appears in 1 contract

Samples: webfiles.thecse.com

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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 either of its principal office offices in the City of Toronto, Ontario Calgary or the City of Toronto together with the a conversion notice in the form of attached hereto as Schedule "C" 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; 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 systemArticle 6. 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 Company Trust as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Shares and Warrants, as applicable, comprising the Trust Units into which such Debenture is convertible in accordance with the provisions of this Article and, as soon as practicable thereafter, the Company Trust 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 Trust Units and make or cause to be made any payment of interest to which such holder is entitled in accordance with subsection 6.4(j)Section 6.4(e) hereof.

Appears in 1 contract

Samples: Trust Indenture (Canetic Resources Trust)

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 Conversion Shares 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 DepositaryDepository'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 Conversion 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 Conversion Shares and Warrants or deposit such Unit Conversion 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).

Appears in 1 contract

Samples: Convertible Debenture Indenture (I-80 Gold Corp.)

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 Shares shall surrender such Debenture to the Debenture Trustee at its principal office in the City of Toronto, Ontario together with the conversion notice in the form of attached hereto as Schedule "C" “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 her or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Debenture Trustee, exercising his or her right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to an Uncertificated a Global Debenture, registration 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 surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemDebenture Trustee is provided with all other documentation which it may request. Thereupon such Debentureholder or, subject to payment of all applicable stamp or security transfer taxes and withholding taxes or other governmental charges and compliance with all reasonable requirements of the Debenture Trustee, his or her 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(gSection 6.4(b)) 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 6 and, as soon as practicable thereafter, the Company shall deliver to such Debentureholder or, subject as aforesaid, his or her 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)Section 6.4(e) hereof.

Appears in 1 contract

Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)

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 either of its principal office offices in the City of Toronto, Ontario Calgary or the City of Toronto together with the a conversion notice in the form of attached hereto as Schedule "C" D or any other written notice in a form satisfactory to the Debenture Trustee, i n 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; 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 systemArticle 6. 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 Company Trust as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Shares and Warrants, as applicable, comprising the Trust Units into which such Debenture is convertible in accordance with the provisions of this Article and, as soon as practicable thereafter, the Company Trust 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 Trust Units and make or cause to be made any payment of interest to which such holder is entitled in accordance with subsection 6.4(j)Section 6.4(e) hereof.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

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 Common Shares shall surrender such Debenture to the Trustee at either of its principal office offices in the City of Calgary, Alberta or the City of Toronto, Ontario together with the conversion notice in the form of attached hereto as Schedule "CD" 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; 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 Corporation as at the Date of Conversion (or such later date as is specified in subsection Section 6.4(g)) as the holder of the number of Unit Common 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 Corporation 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 Common 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 Section 6.4(j)) hereof.

Appears in 1 contract

Samples: Debenture Indenture (Bellatrix Exploration Ltd.)

Manner of Exercise of Right to Convert. (a1) The holder of a Debenture desiring to convert such Debenture in whole or in part into Units Common Shares shall surrender such Debenture to the Trustee at its principal office offices in the City of TorontoVancouver, Ontario British Columbia together with the a conversion notice in the form of attached hereto as Schedule "C" or any other written notice in a form satisfactory to the Trustee, C duly executed by the holder or his or her executors or administrators or other legal representatives or his his, her or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising his or her right to convert such Debenture in accordance with the provisions of this ArticleArticle 6; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemTrustee is provided with all other documentation which it may request. Thereupon such Debentureholder orThereupon, subject to payment of all applicable stamp or security transfer transfer, income, withholding or other taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, the Conversion Price shall have been paid and such Debentureholder or his or her nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company as at Corporation on the Business Day immediately after the Date of Conversion (or such later date as is specified in subsection 6.4(g)) Conversion, as the holder of the number of Unit Common Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible convertible, in accordance with the provisions of this Article and, as soon as practicable thereafter, the Company shall Corporation shall: (i) deliver or cause to such Debentureholder orbe delivered to the Debentureholder, or subject as aforesaid, his or her nominee(s) or assignee(s), a ) such certificate or certificates for such Common Shares Shares; and Warrants or deposit such Unit Shares and Warrants through the Depository's non-certificated system and (ii) make or cause to be made any payment of interest to which such holder is entitled in accordance with subsection 6.4(jSection 6.3(5).

Appears in 1 contract

Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)

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 Common Shares shall surrender such Debenture to the Debenture Trustee at either of its principal office in the City of Toronto, Ontario Calgary or Toronto together with the conversion notice in the form of attached hereto as Schedule "C" D or any other written notice in a form satisfactory to the Debenture Trustee, in either case duly executed by the holder or his or her executors or administrators or other legal representatives or his his, her or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Debenture Trustee, exercising his or her right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to an Uncertificated a Global Debenture, registration and the obligation to surrender of interests a Debenture to the Debenture Trustee shall be satisfied if the Debenture Trustee makes notation in the Debentures will be made only through Global Debenture of the Depositary's non-certificated systemprincipal amount so converted and the Debenture Trustee is provided with all other documentation which it may 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 or her nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Common Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible convertible, net of applicable withholding taxes, if any in accordance with the provisions of this Article and, as soon as practicable thereafter, the Company Corporation shall deliver to such Debentureholder or, subject as aforesaid, his or her 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)Section 6.4(e) hereof or in respect of fractional Common Shares as provided in Section 6.6.

Appears in 1 contract

Samples: Indenture (PENGROWTH ENERGY Corp)

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 Common Shares 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 attached hereto as Schedule "C" D 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 ArticleArticle 6; provided that with respect to an Uncertificated a Global Debenture, registration the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture of the principal amount thereof so converted and surrender of interests in the Debentures will be made only through the Depositary's non-certificated systemTrustee, acting reasonably, is provided with all other documentation which it may 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 Trustee, his nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company Corporation as at the Date of Conversion (or such later date as is specified in subsection 6.4(gSection 6.4(b)) as the holder of the number of Unit Common Shares and Warrants, as applicable, comprising the Units into which such Debenture is convertible in accordance with the provisions of this Article 6 and, as soon as practicable thereafter, the Company Corporation 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)Section 6.4(e) hereof or in respect of fractional Common Shares as provided in Section 6.6.

Appears in 1 contract

Samples: Convertible Debenture Indenture

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