NON-CONSENT OF A DISPOSITION HOLDER Sample Clauses

NON-CONSENT OF A DISPOSITION HOLDER. (a) Notwithstanding subsection 5.03(a), where Saskatchewan is the Fee Simple Mineral Owner of Minerals underlying Entitlement Lands which it does not hold in trust pursuant to an existing trust agreement or trust certificate for any Person, but a Mineral Disposition Holder does not consent to the sale of such Minerals to the Band, Saskatchewan agrees that it will give favourable consideration to the Purchase of its interest notwithstanding the lack of consent by the Mineral Disposition Holder provided an Agreement to Purchase has first been entered into among Canada, Saskatchewan and the Band containing the following terms and conditions, together with others that the parties may agree upon: (i) the purchase price for the said Minerals shall, unless otherwise agreed, be paid to Saskatchewan upon the signing of the Agreement to Purchase the same; (ii) Saskatchewan will agree to transfer the Minerals to Canada for the benefit of the Band forthwith upon the expiration or termination of the interest held by the Mineral Disposition Holder that failed or refused to consent to the sale of the Minerals to the Band; (iii) Saskatchewan will pay to the Band (or to Canada in the event the surface of the Entitlement Land is held in the name of Canada) for the use and benefit of the Band, all Provincial Mineral Revenues actually paid to Saskatchewan in respect of the said Minerals between the date of the signing of the agreement referred to in subparagraph 5.07(a)(i) and the date of the transfer of Minerals referred to in subsection 5.07(a)(ii), minus an agreed-upon fee for administration not to exceed five (5%) percent of such Provincial Mineral Revenues; and (iv) in the event of a default by the Mineral Disposition Holder, Saskatchewan agrees to take all reasonable steps to collect any unpaid Provincial Mineral Revenues owing by such Mineral Disposition Holder to Saskatchewan pursuant to the terms of the Mineral Disposition. (b) In any case where subsection (a) is applicable, Canada agrees that any Provincial Mineral Revenues transferred to Canada for the benefit of the Band pursuant to subsection 5.07(a) will not be considered to be revenues of Saskatchewan for the purpose of calculating any entitlement which Saskatchewan might have to equalization payments or for the purposes of other federal-provincial fiscal arrangements whatsoever.
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Related to NON-CONSENT OF A DISPOSITION HOLDER

  • With Consent of Holders (a) The Issuer, the Note Guarantors and the Trustee may amend or supplement this Indenture or the Notes without notice to any Holder but with the written consent of the Holders of at least a majority in principal amount of the then Outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Subject to Section 6.4, the Holder or Holders of a majority in aggregate principal amount of the then Outstanding Notes may waive compliance by the Issuer and the Note Guarantors with any provision of this Indenture or the Notes. However, without the consent of each Holder affected, an amendment, supplement or waiver may not: (i) reduce the amount of Notes whose Holders must consent to an amendment, supplement or waiver; (ii) reduce the rate of or change or have the effect of changing the time for payment of interest, including Defaulted Interest, on any Notes; (iii) reduce the principal of or change or have the effect of changing the fixed maturity of any Notes, or change the date on which any Notes may be subject to redemption, or reduce the redemption price therefor; (iv) make any Notes payable in money other than that stated in the Notes; (v) make any change in the provisions of this Indenture entitling each Holder to receive payment of principal of, premium, if any, and interest on such Notes on or after the due date thereof or to bring suit to enforce such payment, or permitting Holders of a majority in principal amount of the then Outstanding Notes to waive Defaults or Events of Default; (vi) amend, change or modify in any material respect any obligations of the Issuer to make and consummate a Change of Control Offer in respect of a Change of Control that has occurred or make and consummate an Asset Sale Offer with respect to any Asset Sale that has been consummated; (vii) make any change in the provisions of this Indenture described under Section 3.21 that adversely affects the rights of any Holder or amend the terms of the Notes in a way that would result in a loss of exemption from Taxes; or (viii) make any change to the provisions of this Indenture or the Notes that adversely affect the ranking of the Notes. (b) It shall not be necessary for the consent of the Holders under this Section 9.2 to approve the particular form of any proposed amendment, supplement or waiver but it shall be sufficient if such consent approves the substance thereof. (c) After an amendment, supplement or waiver under this Section 9.2 becomes effective, the Issuer shall mail to Holders a notice briefly describing such amendment, supplement or waiver. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment, supplement or waiver under this Section 9.2. (d) The Notes issued on the Issue Date, and any Additional Notes part of the same series, will be treated as a single series for all purposes under this Indenture, including with respect to waivers and amendments. For the purposes of calculating the aggregate principal amount of Notes that have consented to or voted in favor of any amendment, waiver, consent, modifications or other similar action, the Issuer (acting reasonably and in good faith) shall be entitled to select a record date as of which the principal amount of any Notes shall be calculated in such consent or voting process.

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