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

Manner of Exercise of Right to Convert. (1) The Holder of a Note wishing to convert such Note in whole or in part into Common Shares shall surrender such Note prior to the Time of Expiry or, if by facsimile transmission, deliver such facsimile transmission prior to the Time of Expiry and surrender such original Note within three Business Days thereafter, to the Trustee at its principal offices in the City of Vancouver, together with the conversion form on the back of such Note or any other written notice in form and substance satisfactory to the Trustee, in either case duly executed by the Holder or the Holder's executors or administrators or other legal representatives or their attorney duly appointed by an instrument in writing and in form and substance satisfactory to the Trustee, exercising the Holder's right to convert such Note in accordance with the provisions of this section 4 and further together with documentation to satisfy the restrictive legend on the Note Certificate. Written notice shall also be provided to the Corporation by delivering to it a copy of such documentation. Thereupon such Noteholder or, subject to payment of all applicable stamp taxes, security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, such Noteholder's nominee or assignee shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (as defined in paragraph 4.2(3) below) (or such later date as is specified in paragraph 4.2(3)) as the holder of the number of Common Shares into which such Note is convertible in accordance with the provisions hereof and, as soon as practicable thereafter, the Corporation shall deliver to such Noteholder or, subject as aforesaid, his nominee or assignee, a certificate for such Common Shares and, if applicable, a cheque for any amount payable under subsection 4.5.

Appears in 1 contract

Samples: Note Indenture (Crystallex International Corp)

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Manner of Exercise of Right to Convert. (1a) The Holder holder of a Note wishing Debenture desiring to convert such Note Debenture in whole or in part into Common Shares Trust Units shall surrender such Note prior to the Time of Expiry or, if by facsimile transmission, deliver such facsimile transmission prior to the Time of Expiry and surrender such original Note within three Business Days thereafter, Debenture to the Trustee at its principal offices in the City of Vancouver, Designated Office together with the conversion form on the back of such Note Debenture or any other written notice in a form and substance satisfactory to the Trustee, in either case duly executed by the Holder holder or the Holder's his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing and in form and substance executed in a manner satisfactory to the Trustee, exercising the Holder's his right to convert such Note Debenture in accordance with the provisions of this section 4 and further together Article; provided that with documentation respect to satisfy a Global Debenture, the restrictive legend obligation to surrender a Debenture to the Trustee shall be satisfied if the Trustee makes notation on the Note Certificate. Written notice shall also be Global Debenture of the principal amount thereof so converted and the Trustee is provided to the Corporation by delivering to with all other documentation which it a copy of such documentationmay request. Thereupon such Noteholder Debentureholder or, subject to payment of all applicable stamp taxes, or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, such Noteholder's nominee his nominee(s) or assignee assignee(s), shall be entitled to be entered in the books of the Corporation Trust as at the Date of Conversion (as defined in paragraph 4.2(3) below) (or such later date as is specified in paragraph 4.2(3Section 6.4(b)) as the holder of the number of Common Shares Trust Units into which such Note Debenture is convertible in accordance with the provisions hereof of this Article and, as soon as practicable thereafter, the Corporation Trust shall deliver to such Noteholder Debentureholder or, subject as aforesaid, his nominee nominee(s) or assigneeassignee(s), a certificate or certificates for such Common Shares and, if applicable, a cheque for Trust Units and make or cause to be made any amount payable under subsection 4.5payment of interest to which such Debentureholders is entitled in accordance with Section 6.4(e) hereof.

Appears in 1 contract

Samples: Algonquin Power Income Fund

Manner of Exercise of Right to Convert. (1) The Holder holder of a Note wishing Debenture desiring to convert such Note Debenture in whole or in part into Common Shares shall surrender such Note prior to the Time of Expiry or, if by facsimile transmission, deliver such facsimile transmission prior to the Time of Expiry and surrender such original Note within three Business Days thereafter, Debenture to the Trustee at its principal offices office in the City of Vancouver, British Columbia together with the conversion notice in the form on the back of such Note Schedule B or any other written notice in a form and substance satisfactory to the Trustee, in either case duly executed by the Holder holder or the Holder's his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing and in form and substance executed in a manner satisfactory to the Trustee, exercising the Holder's his right to convert such Note Debenture in accordance with the provisions of this section 4 Article; provided that with respect to an Uncertificated Debenture, registration and further together with documentation to satisfy surrender of interests in the restrictive legend on Debentures will be made only through the Note Certificate. Written notice shall also be provided to the Corporation by delivering to it a copy of such documentationDepositary’s non-certificated system. Thereupon such Noteholder Debentureholder or, subject to payment of all applicable stamp taxes, or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, such Noteholder's nominee his nominee(s) or assignee assignee(s) shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (as defined in paragraph 4.2(3) below) (or such later date as is specified in paragraph 4.2(3subsection 6.4(2)) as the holder of the number of Common Shares Shares, as applicable, into which such Note Debenture is convertible in accordance with the provisions hereof of this Article and, as soon as practicable thereafter, the Corporation shall deliver to such Noteholder Debentureholder or, subject as aforesaid, his nominee nominee(s) or assigneeassignee(s), a certificate or certificates for such Common Shares andor deposit such Common Shares 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(5) . With respect to a Global Debenture, the obligation to surrender a Debenture to the Trustee shall be satisfied if applicable, the Trustee makes a cheque for any notation on the Global Debenture of the principal amount payable under subsection 4.5thereof so converted and the Trustee is provided with all other documentation which it may request.

Appears in 1 contract

Samples: Indenture (Aurora Cannabis Inc)

Manner of Exercise of Right to Convert. (1) The Holder holder of a Note wishing Debenture desiring to convert such Note in whole or in part Debenture into Common Shares shall surrender such Note Debenture prior to the Expiry Time of Expiry or, if by facsimile transmission, deliver such facsimile transmission prior to the Time of Expiry and surrender such original Note within three Business Days thereafter, to the Trustee at its principal offices office in the City of Vancouver, Toronto (or at such additional place or places as the Corporation with the approval of the Trustee may determine) together with the conversion form on the back reverse side of the Debenture Certificate in respect of such Note Debenture or any other written notice in a form and substance satisfactory to the Trustee, in either case duly executed by the Holder holder or the Holder's his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing and in form and substance satisfactory to the Trustee and executed in a manner satisfactory to the Trustee, with signatures medallion guaranteed or guaranteed by a Canadian chartered bank, a trust company or a member firm of The Toronto Stock Exchange (the "EXCHANGE") or other recognized stock exchange if Shares are to be issued to a person other than a holder, exercising the Holder's right its rights to convert such Note Debenture in accordance with the provisions of this section 4 and further together with documentation to satisfy the restrictive legend on the Note Certificate. Written notice shall also be provided to the Corporation by delivering to it a copy of such documentationArticle. Thereupon such Noteholder orDebentureholder and/or, subject to payment of all applicable stamp taxes, or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, such Noteholder's nominee its nominee(s) or assignee shall assignee(s), shall, subject to the provisions of Subsection 4.4(6) and Section 4.8, be entitled to be entered in the books of the Corporation as at the Date of Conversion (as defined in paragraph 4.2(3) below) (or such later date as is specified in paragraph 4.2(3Subsection 4.3(2)) as the holder of the number of Common Shares into which such Note Debenture is convertible in accordance with the provisions hereof of this Article and, as soon as practicable thereafter, the Corporation shall deliver to such Noteholder orDebentureholder and/or, subject as aforesaid, his nominee its nominee(s) or assigneeassignee(s), a certificate or certificates for such Common Shares and, if applicable, a cheque for any amount payable under subsection 4.5this Article.

Appears in 1 contract

Samples: Gerdau Ameristeel Corp

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Manner of Exercise of Right to Convert. (1a) The Holder of a Note Debenture wishing to convert such Note Debenture in whole or in part into Common Shares shall surrender such Note Debenture prior to the Time of Expiry or, if by facsimile transmission, deliver such facsimile transmission prior to the Time of Expiry and surrender such original Note within three Business Days thereafterConversion Deadline, to the Debenture Trustee at its principal stock and bond transfer offices in the City Cities of Vancouver, British Columbia or Xxxxxxx, Xxxxxxx, together with the completed conversion form on the back of attached to such Note Debenture or any other written notice in form and substance satisfactory to the Debenture Trustee, in either case duly executed by the Holder or the Holder's ’s executors or administrators or other legal representatives or their attorney duly appointed by an instrument in writing and in form and substance satisfactory to the Debenture Trustee, exercising the Holder's ’s right to convert such Note Debenture in accordance with the provisions of this section 4 and further together with documentation to satisfy the restrictive legend on the Note Certificate. Written notice shall also be provided to the Corporation by delivering to it a copy of such documentationArticle 4. Thereupon such Noteholder Debentureholder or, subject to payment of all applicable stamp taxes, security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Debenture Trustee, such Noteholder's Debentureholder’s nominee or assignee assignee, shall be entitled to be entered in the books of the Corporation Company as at the Conversion Date of Conversion (as defined in paragraph 4.2(3subsection 4.2(b) below) (or such later date as is specified in paragraph 4.2(3subsection 4.2(b)) as the holder of the number of Common Shares into which such Note Debenture is convertible in accordance with the provisions hereof and, as soon as practicable thereafter, the Corporation Company shall deliver to such Noteholder Debentureholder or, subject as aforesaid, his nominee or assignee, a certificate for such Common Shares and, if applicable, a cheque for any amount payable under subsection section 4.5. Each Common Share certificate originally issued in the United States, and each Common Share certificate issued in exchange therefor or in substitution thereof, shall bear the legend set forth in section 4.13.

Appears in 1 contract

Samples: New Gold Inc. /FI

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