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 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; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 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).

Appears in 3 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)

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Manner of Exercise of Right to Convert. (a) The Holder holder of a Debenture desiring to convert such Debenture in whole or in part into Common Issuer Shares shall surrender such Debenture to the Trustee at its principal office in the City of Calgary, Alberta, Designated Office together with the conversion notice set out in Schedule "A" form on the back of such Debenture or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this Article; provided that with respect to Uncertificated Debenturesa Global Debenture, 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 the 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 Trustee, his nominee(s) or assignee(s) ), shall be entitled to be entered in the books of the Corporation Issuer as at the Date of Conversion (or such later date as is specified in Section 4.1 and Section 4.4(b6.4(b)) as the Holder holder of the number of Common Issuer Shares into which such Debenture is convertible in accordance with the provisions of this Article and, as soon as practicable thereafter, the Corporation Issuer 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 Issuer Shares and make or cause to be made any payment of interest to which such Holder Debentureholders is entitled in accordance with Section 4.4(e)6.4(e) hereof.

Appears in 2 contracts

Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)

Manner of Exercise of Right to Convert. (a) The Holder 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 CalgaryVancouver, Alberta, British Columbia together with the conversion notice set out in attached hereto as Schedule "AC" or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this ArticleArticle 6; provided that with respect to Uncertificated Debenturesa Global Debenture, 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 the 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 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(b6.4(b)) as the Holder holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 6 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)Shares.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Guaranty and Security Agreement (Crailar Technologies Inc)

Manner of Exercise of Right to Convert. (a1) The Holder 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, Alberta together with the conversion notice set out in attached hereto as Schedule "AC" or any other written notice in a form satisfactory to the Trustee, in either case duly executed by the Holder holder or his or her executors or administrators or other legal representatives or his or their her 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 Xxxxxxxxx in accordance with the provisions of this Article; provided that with respect to Uncertificated Debentures, registration and surrender of interests in the obligation to surrender a Debenture to Debentures will be made only through the Trustee shall be satisfied if the Trustee is provided with all documentation which it may requestDepository’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 Corporation as at the Date of Conversion (or such later date as is specified in Section 4.1 4.1(1) and Section 4.4(b4.4(2)) as the Holder 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 holder is entitled in accordance with Section 4.4(e4.4(5).

Appears in 2 contracts

Samples: webfiles.thecse.com, webfiles.thecse.com

Manner of Exercise of Right to Convert. (a) The Holder holder of a Debenture desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture to the Canadian Trustee at its principal office in the City of CalgaryXxxxxxx, AlbertaXxxxxxx, together with the conversion notice set out in attached hereto as Schedule "A" “D” or any other written notice in a form satisfactory to the TrusteeTrustees, in either case 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 TrusteeTrustees, exercising his right to convert such Debenture in accordance with the provisions of this ArticleArticle 6; provided that with respect to Uncertificated Debenturesa Global Debenture, the obligation to surrender a Debenture to the Canadian Trustee shall be satisfied if the Canadian Trustee is makes notation on the Global Debenture of the principal amount thereof so converted and the Trustees are provided with all other documentation which it they 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 TrusteeTrustees, 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(b6.4(b)) as the Holder holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 6 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)Shares.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels 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 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; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 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).

Appears in 2 contracts

Samples: Indenture (C21 Investments Inc.), webfiles.thecse.com

Manner of Exercise of Right to Convert. (a) The Holder holder of a Debenture desiring to convert such Debenture in whole or in part into Common Freely Tradable Shares shall surrender such Debenture to the Trustee at its principal office in the City of Calgary, Alberta, Vancouver together with the conversion notice set out in attached hereto as Schedule "A" B or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this ArticleArticle 4; provided that with respect to Uncertificated Debenturesa Global Debenture or Book Based Only Debenture, subject to certificating Debentures pursuant to Section 3.2(f) and Section 3.10(b), the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Global Debenture or otherwise in its records (in the case of a Book Based Only Debenture) of the principal amount thereof so converted and the 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 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(b4.3(b)) as the Holder holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 4 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 certificates or certificates book entry system customer confirmations for such Common Shares and make or cause to be made any payment of interest to which such Holder holder is entitled in accordance with Section 4.4(e4.3(e) hereof or in respect of fractional Shares as provided in Section 4.5. Further to Section 3.2(f) and Section 3.10(b), a Beneficial Owner of Global Debenture or Book Based Only Debenture by a security entitlement in respect of Debentures in the book entry registration system who desires to convert his or her Debentures must do so by causing a Depository Participant to deliver to the Depository on behalf of the entitlement holder, notice of the owner’s intention to convert Debentures in a manner acceptable to the Depository. Forthwith upon receipt by the Depository of such notice, the Depository shall deliver to the Trustee confirmation of its intention to convert Debentures in a manner acceptable to the Trustee, including by electronic means through a book based registration system. An electronic exercise of the Debentures initiated by the Depository Participant through a book based registration system shall constitute a representation to both the Corporation and the Trustee that the beneficial owner at the time of exercise of such Debentures (a) is not in the United States; (b) is not a United States Person and is not exercising such Debentures on behalf of a United States Person or a person in the United States; and (c) did not execute or deliver the notice of the owner’s intention to exercise such Debentures in the United States. If the Depository Participant is not able to make or deliver the foregoing representations by initiating the electronic exercise of the Debentures, then such Debentures shall be withdrawn from the book based registration system by the Depository and the Participant and an individually registered Debenture certificate shall be issued by the Trustee to such Beneficial Holder or Depository Participant and the exercise procedures set forth above in Section 4.3(a) shall be followed. The Corporation shall approve all conversion requests submitted with a Conversion Form with the box B or box C checked by Person with an address in the United States.

Appears in 2 contracts

Samples: Subordination Agreement (Mogo Inc.), Subordination Agreement (Mogo Finance Technology Inc.)

Manner of Exercise of Right to Convert. (a1) The Holder holder of a Debenture desiring to convert such Debenture in whole or in part into Common Shares Units shall surrender such Debenture to the Trustee at its principal office in the City of Calgary, Alberta, Alberta together with the conversion notice attached to the Debenture certificate set out in Schedule "A" 2.2 or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this Article; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 Corporation as at the Date of Conversion (or such later date as is specified in Section 4.1 and Section 4.4(b4.4(2)) as the Holder holder of the number of Common Shares and Warrants comprising the Units 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 and Warrants comprising the Units 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 Warrants comprising the Units and make or cause to be made any payment of interest to which such Holder holder is entitled in accordance with Section 4.4(e4.4(5).

Appears in 2 contracts

Samples: Indenture, Odyssey Trust Company (CLS Holdings USA, Inc.)

Manner of Exercise of Right to Convert. (a) The Holder of a Debenture A Debentureholder desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture to the Indenture Trustee at its principal office in the City of CalgaryToronto, Alberta, Ontario together with the conversion notice set out in Schedule "A" form on the back of such Debenture or any other written notice in a form satisfactory to the Indenture Trustee, in either case duly executed by the Holder Debentureholder or his such Debentureholder’s executors or administrators or other legal representatives or his or their such Debentureholder’s attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Indenture Trustee, exercising his such Debentureholder’s right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 Indenture Trustee, his such Debentureholder’s 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(b5.2(b)) as the Holder 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 such Debentureholder’s nominee(s) or assignee(s), a certificate or certificates (or such other of evidence of security ownership as determined by the Corporation) 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)Shares.

Appears in 1 contract

Samples: Trust Indenture

Manner of Exercise of Right to Convert. (a) The Holder holder of a Debenture Note desiring to convert such Debenture Note in whole or in part into Common Shares shall surrender such Debenture Note to the Trustee at either of its principal office offices in the City of CalgaryVancouver, AlbertaBritish Columbia or the City of Toronto, Ontario together with the conversion notice set out in attached hereto as Schedule "A" “C” or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture Note in accordance with the provisions of this Article; provided that with respect to Uncertificated Debenturesa Global Note, the obligation to surrender a Debenture Note to the Trustee shall be satisfied if the Trustee makes notation on the Global Note of the principal amount thereof so converted and the Trustee is provided with all other documentation which it may request. Thereupon such Debentureholder Noteholder 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(b5.3(b)) as the Holder holder of the number of Common Shares into which such Debenture Note is convertible in accordance with the provisions of this Article and, as soon as practicable thereafterthereafter within three Business Days, the Corporation shall electronically deposit the Common Shares as directed by the Debentureholder or deliver to such Debentureholder Noteholder 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)Shares.

Appears in 1 contract

Samples: Indenture (Terrace 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 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; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 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).

Appears in 1 contract

Samples: Indenture (C21 Investments Inc.)

Manner of Exercise of Right to Convert. (a) The Holder 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 CalgaryVancouver, Alberta, British Columbia together with the conversion notice set out in attached hereto as Schedule "A" “D” or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this ArticleArticle 6; provided that with respect to Uncertificated Debenturesa Global Debenture, 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 the 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 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(b6.4(b)) as the Holder holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 6 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)Shares.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Crailar Technologies Inc)

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Manner of Exercise of Right to Convert. (a1) The Holder holder of a Debenture desiring to convert such Debenture in whole or in part into Common Shares Units shall surrender such Debenture to the Trustee at its principal office in the City of Calgary, Alberta, Alberta together with the conversion notice attached to the Debenture certificate set out in Schedule "A" 2.2 or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture Xxxxxxxxx in accordance with the provisions of this Article; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 Corporation as at the Date of Conversion (or such later date as is specified in Section 4.1 and Section 4.4(b4.4(2)) as the Holder holder of the number of Common Shares and Warrants comprising the Units 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 and Warrants comprising the Units 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 Warrants comprising the Units and make or cause to be made any payment of interest to which such Holder holder is entitled in accordance with Section 4.4(e4.4(5).

Appears in 1 contract

Samples: Indenture

Manner of Exercise of Right to Convert. (a) The Holder of a Debenture A Debentureholder desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture to the Indenture Trustee at its principal office in the City of Calgary, Alberta, together with the conversion notice set out in Schedule "A" form on the back of such Debenture or any other written notice in a form satisfactory to the Indenture Trustee, in either case duly executed by the Holder Debentureholder or his such Debentureholder's executors or administrators or other legal representatives or his or their such Debentureholder's attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Indenture Trustee, exercising his such Debentureholder's right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 Indenture Trustee, his such Debentureholder's 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(b6.3(b)) as the Holder 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 such Debentureholder's nominee(s) or assignee(s), a certificate or certificates (or such other of evidence of security ownership as determined by the Corporation) 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)Shares.

Appears in 1 contract

Samples: Trust Indenture

Manner of Exercise of Right to Convert. (a1) The Holder 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 CalgaryXxxxxxx, AlbertaXxxxxxx, together with the conversion notice set out in Schedule "A" 2.2 or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this Article; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee 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 Corporation as at the Date of Conversion (or such later date as is specified in Section 4.1 and Section 4.4(b4.4(2)) as the Holder 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 holder is entitled in accordance with Section 4.4(e4.4(5).

Appears in 1 contract

Samples: webfiles.thecse.com

Manner of Exercise of Right to Convert. (a) The Holder 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 CalgaryVancouver, Alberta, British Columbia together with the conversion notice set out in attached hereto as Schedule "AC" or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this ArticleArticle 6; provided that with respect to Uncertificated Debenturesa Global Debenture, 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 the 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 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(b6.4(b)) as the Holder holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 6 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)Shares.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Crailar Technologies Inc)

Manner of Exercise of Right to Convert. (a1) The Holder Other than in respect of automatic conversion of the Initial Debentures as provided for in Section 2.3(9), the holder of a Debenture desiring to convert such Debenture in whole or in part into Common Shares shall (i) surrender such Debenture to the Trustee at its principal office in the City of Calgary, Alberta, or (ii) in the case of an Uncertificated Debenture (other than those for which the Depository is the holder), deliver a Transaction Instruction, together with the conversion notice set out in the form of Schedule "A" B or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this Article; provided that with respect to an Uncertificated DebenturesDebenture held by the Depository, registration and surrender of interests in the obligation to surrender a Debenture to Debentures will be made only through the Trustee shall be satisfied if the Trustee is provided with all documentation which it may requestDepository'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 Corporation as at the Date of Conversion (or such later date as is specified in Section 4.1 and Section 4.4(bsubsection 6.4(2)) as the Holder 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, or deposit 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)through the Depository's non-certificated system.

Appears in 1 contract

Samples: Indenture

Manner of Exercise of Right to Convert. (a) The Holder 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 either of its principal office offices in the City of CalgaryToronto, Alberta, Ontario together with the conversion notice set out in attached hereto as Schedule "A" “D” or any other written notice in a form satisfactory to the Trustee, in either case 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 such Debenture in accordance with the provisions of this Article; provided that with respect to Uncertificated Debenturesa 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. 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(b6.4(b)) as the Holder 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 holder is entitled in accordance with Section 4.4(e)6.4(e) hereof.

Appears in 1 contract

Samples: Debenture Indenture (Molycorp, Inc.)

Manner of Exercise of Right to Convert. (a) The Holder holder of a Debenture desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture to the Debenture Trustee at its principal office offices in the City of Calgary, Alberta, Alberta together with the conversion notice set out in the form attached hereto as Schedule "AC" or any other written notice in a form satisfactory to the Debenture Trustee, in either case case, 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 Debenture Trustee, exercising his right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to Uncertificated Debentures, the obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee is provided with all documentation which it may requestArticle 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 Corporation as at the Date of Conversion (or such later date as is specified in Section 4.1 and Section 4.4(b6.4(b)) as the Holder holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 6 and, as soon as practicable within five (5) Business Days thereafter, the Corporation Debenture Trustee shall electronically deposit the Common Shares as directed by the Debentureholder or (i) deliver to such Debentureholder or, subject as aforesaid, his nominee(s) or assignee(s), a certificate or certificates for such Common Shares and (ii) make or cause to be made any payment of interest to which such Holder holder is entitled in accordance with Section 4.4(e)6.4(e) hereof or in respect of fractional Shares as provided in Section 6.6.

Appears in 1 contract

Samples: Convertible Secured Debenture Indenture

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