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 Shares shall surrender such Debenture to the Trustee at its principal office in Vancouver, British Columbia, together with the conversion notice in the form attached as Schedule II on the back of such Debenture or any other written notice in a form satisfactory to the Trustee and the Corporation, in either case duly executed by the holder or its executors or administrators or other legal representatives or its or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its right to convert such Debenture in accordance with the provisions of this Article 5. If the number of Shares issuable upon a conversion of Debentures would result in the Maximum Conversion Shares being exceeded such that the approval of one or more stock exchange(s) on which the Shares are then listed is required for the Shares issuable upon a conversion of Debentures to be listed on such stock exchange(s), the Corporation shall use its reasonable commercial efforts to obtain the approval of such stock exchange(s) (provided, for greater certainty, such commercially reasonable efforts shall not require the Corporation seeking securityholder approval, if required) and the conversion shall be conditional on such approval(s) being obtained. 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, its 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 Section 5.3(b) or, if stock exchange approval is required in respect of a conversion, as soon as practicable following the date such approval is obtained) as the holder of the number of Shares into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Corporation shall deliver to such Debentureholder or, subject as aforesaid, its nominee(s) or assignee(s), a certificate or other evidence of such Shares.

Appears in 2 contracts

Samples: Indenture (NexGen Energy Ltd.), NexGen Energy Ltd.

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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 Shares shall surrender such Debenture to the Trustee at its principal office in Vancouver, British Columbia, together with the conversion notice in the form attached as “Conversion Notice - Schedule II II” on the back of such Debenture or any other written notice in a form satisfactory to the Trustee and the Corporation, in either case duly executed by the holder or its executors or administrators or other legal representatives or its or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its right to convert such Debenture in accordance with the provisions of this Article 5. If the number of Shares issuable upon a conversion of Debentures would result in the Maximum Conversion Shares being exceeded such that the approval of one or more stock exchange(s) on which the Shares are then listed is required for the Shares issuable upon a conversion of Debentures to be listed on such stock exchange(s), the Corporation shall use its reasonable commercial efforts to obtain the approval of such stock exchange(s) (provided, for greater certainty, such commercially reasonable efforts shall not require the Corporation seeking securityholder approval, if required) and the conversion shall be conditional on such approval(s) being obtained. 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, its 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 Section 5.3(b) or, if stock exchange approval is required in respect of a conversion, as soon as practicable following the date such approval is obtained) as the holder of the number of Shares into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Corporation shall deliver to such Debentureholder or, subject as aforesaid, its nominee(s) or assignee(s), a certificate or other evidence of such Shares.

Appears in 1 contract

Samples: Indenture (NexGen Energy 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 Shares Trust Units shall surrender such Debenture to the Trustee at either of its principal office offices in Vancouverthe City of Calgary, British ColumbiaAlberta or the City of Toronto, Ontario together with the conversion notice in the form attached hereto as Schedule II on the back of such Debenture D or any other written notice in a form satisfactory to the Trustee and the CorporationTrustee, in either case duly executed by the holder or its his executors or administrators or other legal representatives or its his or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its his right to convert such Debenture in accordance with the provisions of this Article 5. If the number of Shares issuable upon Article; provided that with respect to a conversion of Debentures would result in the Maximum Conversion Shares being exceeded such that the approval of one or more stock exchange(s) on which the Shares are then listed is required for the Shares issuable upon a conversion of Debentures to be listed on such stock exchange(s)Global Debenture, the Corporation obligation to surrender a Debenture to the Trustee shall use its reasonable commercial efforts to obtain be satisfied if the approval Trustee makes notation on the Global Debenture of such stock exchange(s) (provided, for greater certainty, such commercially reasonable efforts shall not require the Corporation seeking securityholder approval, if required) principal amount thereof so converted and the conversion shall be conditional on such approval(s) being obtainedTrustee 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, its his nominee(s) or assignee(s), ) shall be entitled to be entered in the books of the Corporation Trust as at the Date of Conversion (or such later date as is specified in Section 5.3(b) or, if stock exchange approval is required in respect of a conversion, as soon as practicable following the date such approval is obtained6.4(b)) as the holder of the number of Shares Trust Units into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Corporation Trust shall deliver to such Debentureholder or, subject as aforesaid, its his nominee(s) or assignee(s), a certificate or other evidence certificates for such Trust Units and make or cause to be made any payment of interest to which such Sharesholder is entitled in accordance with Section 6.4(e) hereof.

Appears in 1 contract

Samples: Paramount Energy Trust (Perpetual Energy 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 Freely Tradable Common Shares shall surrender such Debenture to the Trustee at its principal office offices in Vancouverthe City of Toronto, British Columbia, Ontario together with the conversion notice in the form attached hereto as Schedule II on the back of such Debenture "D" or any other written notice in a form satisfactory to the Trustee and the CorporationTrustee, in either case duly executed by the holder or its his executors or administrators or other legal representatives or its his or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its his right to convert such Debenture in accordance with the provisions of this Article 5. If the number of Shares issuable upon ; provided that with respect to a conversion of Debentures would result in the Maximum Conversion Shares being exceeded such that the approval of one or more stock exchange(s) on which the Shares are then listed is required for the Shares issuable upon a conversion of Debentures to be listed on such stock exchange(s)Global Debenture, the Corporation obligation to surrender a Debenture to the Trustee shall use its reasonable commercial efforts to obtain be satisfied if the approval Trustee makes notation on the Global Debenture of such stock exchange(s) (provided, for greater certainty, such commercially reasonable efforts shall not require the Corporation seeking securityholder approval, if required) principal amount thereof so converted and the conversion shall be conditional on such approval(s) being obtainedTrustee, 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, its his nominee(s) or assignee(s), ) shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (or such later date as is specified in Section 5.3(b) or, if stock exchange approval is required in respect of a conversion, as soon as practicable following the date such approval is obtained5.4(b)) as the holder of the number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Corporation shall deliver to such Debentureholder or, subject as aforesaid, its his nominee(s) or assignee(s), a certificate or certificates if the Common Shares are not book-entry only at such time 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 5.4(e) hereof or in respect of fractional Common Shares as provided in Section 5.6. Where the Depository is the only holder of the Debentures, the Trustee shall accept delivery of and act upon a letter of instruction received by it from the Depository in place of a conversion notice duly completed and executed by the holder, containing all pertinent conversion information and accompanied by a panel for Debenture principal xxxx-down by the Trustee or such other evidence of such Sharesdocumentation submitted by the Depository which the Trustee may deem satisfactory to effect the conversion being requested.

Appears in 1 contract

Samples: Convertible Debenture Indenture

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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 Shares shall surrender such Debenture to the Debenture Trustee at its principal office offices in VancouverToronto, British Columbia, Ontario together with the conversion notice in the form attached hereto as Schedule II on the back of such Debenture or any other written notice in a form satisfactory to the Trustee and the Corporation, in either case D duly executed by the holder or its his executors or administrators or other legal representatives or its his or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Debenture Trustee, exercising its his right to convert such Debenture in accordance with the provisions of this Article 5. If the number of Shares issuable upon 6; provided that with respect to a conversion of Debentures would result in the Maximum Conversion Shares being exceeded such that the approval of one or more stock exchange(s) on which the Shares are then listed is required for the Shares issuable upon a conversion of Debentures to be listed on such stock exchange(s)Global Debenture, the Corporation obligation to surrender a Debenture to the Debenture Trustee shall use its reasonable commercial efforts to obtain be satisfied if the approval Debenture Trustee makes notation on the Global Debenture of such stock exchange(s) (provided, for greater certainty, such commercially reasonable efforts shall not require the Corporation seeking securityholder approval, if required) principal amount thereof so converted and the conversion Debenture Trustee is provided with all other documentation which it may request. Such Debentureholder shall be conditional on such approval(s) being obtained. 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, its his nominee(s) or assignee(s), ) shall be entitled to be be, entered in the books of the Corporation as at the Date of Conversion (or such later date as is specified in Section 5.3(b) or, if stock exchange approval is required in respect of a conversion, as soon as practicable following the date such approval is obtained6.4(b)) as the holder of the number of Shares into which such Debenture is convertible as of the Business Day immediately following the Date of Conversion in accordance with the provisions of this Article 5 6 and, as soon as practicable thereafter, the Corporation shall (i) deliver to such Debentureholder or, subject as aforesaid, its his nominee(s) or assignee(s), a certificate or other evidence certificates for such Shares and (ii) make or cause to be made any payment of interest to which such Sharesholder is entitled in accordance with Section 6.4(e) hereof or in respect of fractional Shares as provided in Section 6.6.

Appears in 1 contract

Samples: Trust Indenture (Primero Mining Corp)

Manner of Exercise of Right to Convert. (a1) The holder of In order to convert a Debenture desiring to convert such Debenture in whole or in part into Shares shall surrender such Debenture Common Shares, a Holder must deliver to the Trustee at its principal office in Vancouver, British Columbia, together the City of Toronto and in such other place or places as the Company with the approval of the Trustee (acting reasonably) may designate, a conversion notice in the form attached as at Appendix 1 to Schedule II on the back of such Debenture 2.2(b) or any other written notice in a form satisfactory to the Trustee and the Corporation(each, as "Conversion Notice"), in either case duly executed by the holder Holder or its the Holder's executors or administrators or other legal representatives or its or their the Holder's attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its the Holder's right to convert such Debenture in accordance with the provisions of this Article 5Article. If the number of Shares issuable upon Debenture being converted is represented by a conversion of Debentures would result in the Maximum Conversion Shares being exceeded such that the approval of one or more stock exchange(s) on which the Shares are then listed is required for the Shares issuable upon a conversion of Debentures to be listed on such stock exchange(s)Debenture Certificate, the Corporation Conversion Notice must also be accompanied by that Debenture Certificate; provided that with respect to a Global Debenture, the obligation to surrender a Debenture Certificate to the Trustee shall use its reasonable commercial efforts to obtain be satisfied if the approval Trustee makes a notation on the Global Certificate of such stock exchange(s) (provided, for greater certainty, such commercially reasonable efforts shall not require the Corporation seeking securityholder approval, if required) principal amount thereof so converted and the conversion shall be conditional on such approval(s) being obtainedDebenture Trustee is provided with all other documentation which it may reasonably request. Thereupon such Debentureholder orThereupon, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, its such Holder and/or his nominee(s) or assignee(s), ) shall be entitled to be entered in the books of the Corporation Company as at the Conversion Date of Conversion (or such later date as is specified in Section 5.3(b) or, if stock exchange approval is required in respect of a conversion, as soon as practicable following the date such approval is obtained3.4(2)) as the holder of the whole number of Common Shares into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Corporation Company shall deliver to such Debentureholder orHolder and/or, subject as aforesaid, its the Holder's nominee(s) or assignee(s), a certificate or other evidence of certificates for such SharesCommon Shares and, if applicable, a cheque for any amount payable under Section 3.5 and any interest payable under Section 3.4(4).

Appears in 1 contract

Samples: Security Agreement (Security Devices International Inc.)

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