Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require: (a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or (b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or (c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 8 contracts
Samples: Debenture Indenture, Debenture Indenture (Bellatrix Exploration Ltd.), Convertible Debenture Indenture (Energy Fuels Inc)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) or if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; , the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 5 contracts
Samples: Indenture, Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment (including payment in monies or Shares) on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; subject always to the monies provisions of Section 8.3, the principal, premium (if any) or Common Sharesinterest, as the case may be, in trust trust, without interest thereon from the date on which such principal, premium (if any) or interest became payable, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon such setting aside shall for all purposes be deemed a payment to the principal ofDebentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and set aside upon surrender and delivery of such holder’s Debenture, of the principal, premium (if any) ), or the interest payable on or represented by each in respect of such Debenture in respect whereof of such monies or Common SharesDebenture, if applicable, have been set aside shall be deemed to have been paid and in the holder thereof shall thereafter have no right in respect thereof except event that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereofreceives the same, subject always to it shall hold the provisions same in trust for the benefit of Section 9.3such holder.
Appears in 5 contracts
Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Debenture Trustee may require:
(a) the Corporation Trust shall be entitled to pay or deliver to the Debenture Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares Trust Units in the hands of the Debenture Trustee which may or should be applied to the payment of the Debentures, the Corporation Trust shall be entitled to direct the Debenture Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Debenture Trustee, the Debenture Trustee may itself set aside; the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofprincipal, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common SharesTrust Units, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common SharesTrust Units, if applicable, so set aside by the Debenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 5 contracts
Samples: Trust Indenture (Pengrowth Energy Trust), Trust Indenture (Penn West Energy Trust), Trust Indenture (Canetic Resources Trust)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 5 contracts
Samples: Indenture (Modern Mining Technology Corp.), Indenture (Aurora Cannabis Inc), Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) of or the interest thereon payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 4 contracts
Samples: Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.), Convertible Debenture Indenture (Poet Technologies Inc.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 3 contracts
Samples: Debenture Indenture, Debenture Indenture, Debenture Indenture
Non-Presentation of Debentures. In case the holder of If any Debenture shall fail Debentureholder fails to present the same any Debentures for payment on the date on which the principal of, premium (premium, if any) , or the interest thereon thereon, becomes payable, whether on a payment date, Maturity Date or represented thereby becomes payable either at maturity or otherwise any other repayment date, or shall not accept payment on account thereof and give such receipt therefortherefore, if any, as the Trustee may require:
(a) the Corporation shall thereafter be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall thereafter be entitled to direct the Trustee to set aside; or
(c) the principal of, premium, if the redemption was pursuant to notice given by the Trusteeany, the Trustee may itself set aside; the monies or Common Shares, as the case may beand interest on such Holder's Debentures, in trust to be paid to the holder of such Debenture Debentureholder upon due presentation or surrender thereof of such Debenture in accordance with the provisions of this Indenture; and thereupon the principal of, premium (premium, if any) or the , and interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.32.4.
Appears in 3 contracts
Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)
Non-Presentation of Debentures. In case the holder of If any Debenture shall fail Debentureholder fails to present the same any Debentures for payment on the date on which the principal of, premium (premium, if any) , or the interest thereon thereon, becomes payable, whether on a payment date, Maturity Date or represented thereby becomes payable either at maturity or otherwise any other repayment date, or shall not accept payment on account thereof and give such receipt therefortherefore, if any, as the Trustee may require:
(a) the Corporation shall thereafter be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall thereafter be entitled to direct the Trustee to set aside; or
(c) the principal of, premium, if the redemption was pursuant to notice given by the Trusteeany, the Trustee may itself set aside; the monies or Common Shares, as the case may beand interest on such Holder’s Debentures, in trust to be paid to the holder of such Debenture Debentureholder upon due presentation or surrender thereof of such Debentures in accordance with the provisions of this Indenture; and thereupon the principal of, premium (premium, if any) or the , and interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.32.4.
Appears in 3 contracts
Samples: Indenture (CLS Holdings USA, Inc.), Indenture, Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee Debenture Agent may require:
(a) 9.2.1 the Corporation shall be entitled to pay or deliver to the Trustee Debenture Agent and direct it the Debenture Agent to set aside; or
(b) 9.2.2 in respect of monies or Common Shares in the hands of the Trustee Debenture Agent which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee Debenture Agent to set aside; or
(c) 9.2.3 if the redemption was pursuant to notice given by the TrusteeDebenture Agent, the Trustee Debenture Agent may itself set aside; , the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofprincipal, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, (less applicable withholding taxes, if any) so set aside by the Trustee Debenture Agent upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 2 contracts
Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)
Non-Presentation of Debentures. In case the holder of If any Debenture shall fail Debentureholder fails to present the same any Debentures for payment on the date on which the principal of, premium (premium, if any) , or the interest thereon thereon, becomes payable, whether on a payment date, Maturity Date or represented thereby becomes payable either at maturity or otherwise any other repayment date, or shall not accept payment on account thereof and give such receipt therefortherefore, if any, as the Trustee may require:
(a) the Corporation shall thereafter be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or;
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall thereafter be entitled to direct the Trustee to set aside; or
(c) if the redemption was made pursuant to notice any Notice given by the Trustee, the Trustee may itself thereafter set aside; the monies or Common Sharesprincipal of, as the case may bepremium, if any, and interest on such Holder’s Debentures, in trust to be paid to the holder of such Debenture Debentureholder upon due presentation or surrender thereof of such Debentures in accordance with the provisions of this Indenture; and thereupon the principal of, premium (premium, if any) or the , and interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.32.4.
Appears in 2 contracts
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) require the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or aside the Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, Shares have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, Shares so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 2 contracts
Samples: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee Trustees may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee Trustees and direct it them to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee Trustees which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee Trustees to set aside; or
(c) if the redemption was pursuant to notice given by the TrusteeTrustees, the Trustee Trustees may itself themselves set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee Trustees upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Indenture
Non-Presentation of Debentures. In case If the holder Holder of any Debenture shall fail fails to present the same for payment on within 30 days of the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not fails within such 30 day period to accept payment on account thereof thereof, accept Common Shares issued and delivered pursuant to the provisions hereof or give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall will be entitled to pay or deliver issue and deliver, as the case may be, to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies or Common Shares money in the hands of the Trustee which that may or should be applied to the payment of the Debentures, the Corporation shall will be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; principal and interest, or the monies or Common Shares, as the case may be, in trust to be paid or delivered, as the case may be, without interest to the holder Holder of such Debenture Debenture, upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the and interest payable on or represented by each Debenture in respect whereof such monies money or Common Shares, if applicable, Shares have been set aside shall will be deemed to have been paid and the holder Holder thereof shall will thereafter have no right in respect thereof thereof, except that of receiving delivery and payment of the monies money or the Common Shares, if applicable, Shares so set aside by the Trustee upon due presentation and surrender thereofby the Holders of such Debenture, subject always to the provisions of Section 9.38.03.
Appears in 2 contracts
Samples: First Supplemental Indenture (Stelco Inc /Fi), First Supplemental Indenture (Stelco Inc /Fi)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Debenture Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Debenture Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Debenture Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Debenture Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Debenture Trustee, the Debenture Trustee may itself set aside; the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, on such holder’s Debentures in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofprincipal, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Debenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 2 contracts
Samples: Trust Indenture (Red Mile Entertainment Inc), Trust Indenture (Red Mile Entertainment Inc)
Non-Presentation of Debentures. In case the holder of If any Debenture shall fail Debentureholder fails to present the same any Debentures for payment on the date on which the principal of, premium (premium, if any) , or the interest thereon thereon, becomes payable, whether on a Payment Date, Maturity Date or represented thereby becomes payable either at maturity or otherwise any other repayment date, or shall not accept payment on account thereof and give such receipt therefor, if any, as the Indenture Trustee may require:
(a) the Corporation Company shall thereafter be entitled to pay or deliver to the Indenture Trustee and direct it the Indenture Trustee to set aside; or
(b) in respect of monies moneys or Common Shares other property in the hands possession of the Indenture Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall thereafter be entitled to direct the Indenture Trustee to set aside; or
(c) the principal of, premium, if the redemption was pursuant to notice given by the Trusteeany, the Trustee may itself set aside; the monies or Common Shares, as the case may beand interest on such Holder’s Debentures, in trust to be paid to the holder of such Debenture Debentureholder upon due presentation or surrender thereof of such Debentures in accordance with the provisions of this Indenture; and thereupon the principal of, premium (premium, if any) or the , and interest payable on or represented by each Debenture in respect whereof such monies or Common Sharesmoneys and, if applicablepermitted hereunder, Common Shares have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies moneys or Common Shares, if applicable, so set aside by the Indenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3subsection 2.4. For greater certainty, the provisions of ARTICLE 5 shall not prevent the application of moneys received by the Indenture Trustee pursuant to this section 10.1 to the payment of principal, premium, if any, and interest on such Holder’s Debentures.
Appears in 2 contracts
Samples: Indenture (Golden Star Resources LTD), Indenture (Golden Star Resources LTD)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, applicable (less any taxes required to be deducted in accordance with Section 2.15) so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.312.3.
Appears in 2 contracts
Samples: First Supplemental Convertible Debenture Indenture (Mogo Inc.), Convertible Debenture Indenture (Mogo Finance Technology Inc.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise otherwise, or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; , the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.310.3.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
Non-Presentation of Debentures. In case the holder of If any Debenture shall fail Debentureholder fails to present the same any Debentures for payment on the date on which the principal of, premium (premium, if any) , or the interest thereon thereon, becomes payable, whether on a payment date, Maturity Date or represented thereby becomes payable either at maturity or otherwise any other repayment date, or shall not accept payment on account thereof and give such receipt therefortherefore, if any, as the Trustee may require:
(a) the Corporation shall thereafter be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall thereafter be entitled to direct the Trustee to set aside; or
(c) the principal of, premium, if the redemption was pursuant to notice given by the Trusteeany, the Trustee may itself set aside; the monies or Common Shares, as the case may beand interest on such Holder’s Debentures, in trust to be paid to the holder of such Debenture Debentureholder upon due presentation or surrender thereof of such Debenture in accordance with the provisions of this Indenture; and thereupon the principal of, premium (premium, if any) or the , and interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.32.4.
Appears in 2 contracts
Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares Shares, as the case may be, in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies monies, or Common Shares, if applicableas the case may be, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies monies, or Common Shares, if applicableas the case may be, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 2 contracts
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not fails to accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies moneys or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies principal, premium (if any) or Common the interest or Shares, as the case may be, in trust to trust, without interest, either in the deposit department of the Trustee or in a chartered bank, and such setting aside shall for all purposes be paid deemed a payment to the holder Debentureholder of such the sum so set aside and, to that extent, the Debenture upon due presentation shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the moneys so paid and deposited or surrender thereof in accordance with to take delivery of the provisions of this Indenture; Shares so deposited plus distributions and thereupon the principal of, premium (if any) or the interest payable accretions on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Indenture (Kirkland Lake Gold Ltd.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; , the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Secured Convertible Debenture Indenture (Starfighters Space, Inc.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail If a Debentureholder fails to present the same such Debentureholder’s Debenture for payment on the date on which the principal of, premium (if any) thereof or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Indenture Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Indenture Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Indenture Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Indenture Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; principal moneys, premium (if any) or the monies or Common Sharesinterest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofmoneys, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Indenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 1 contract
Samples: Trust Indenture
Non-Presentation of Debentures. In case If the holder Holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or thereof and/or the interest thereon or represented thereby becomes payable either at maturity or on redemption or otherwise or shall not accept payment on account thereof and give such receipt therefor, therefor (if any, ) as the Trustee may require:
(a) 6.2.1 the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) 6.2.2 in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) 6.2.3 if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Sharesprincipal moneys and/or the interest, as the case may be, in trust to be paid to the holder Holder of such Debenture upon due presentation or and surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or moneys and/or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and thereafter such Debentures shall not be considered as outstanding hereunder and the holder Holders thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee (without interest thereon) upon due presentation and surrender thereof, subject always to the provisions of Section 9.36.3.
Appears in 1 contract
Samples: Trust Indenture (Sr Telecom Inc)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Debenture Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Debenture Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Debenture Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Debenture Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Debenture Trustee, the Debenture Trustee may itself set aside; the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofprincipal, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares(less applicable withholding taxes, if applicable, any) so set aside by the Debenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.39.4.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) thereof or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Indenture Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Indenture Trustee and direct it to set aside; or
(b) in respect of monies moneys or Common Shares in the hands of the Indenture Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Indenture Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Indenture Trustee, the Indenture Trustee may itself set aside; the monies principal moneys or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) moneys or the interest payable on or represented by each Debenture in respect whereof such monies moneys or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies moneys or Common Shares, if applicable, so set aside by the Indenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Trust Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation Trust shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares Trust Units in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Trust shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common SharesTrust Units, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) of or the interest payable on or represented by each Debenture in respect whereof such monies or Common SharesTrust Units, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common SharesTrust Units, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Perpetual Energy Inc.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.310.3.
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment or conversion on the date on which the principal of, premium (if any) or the interest thereon or represented thereby thereof becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may requireotherwise:
(a) the Corporation shall be entitled to pay the principal amount, if any, or deliver Common Shares to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies such amounts or Common Shares, as the case may be, in trust to be paid or delivered to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest monies payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, Shares so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3clause 7.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Indenture (Organigram Holdings Inc.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) : the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) or in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) or if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Secured Trust Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Debenture Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) of or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicableapplicable (less applicable withholding taxes, if any) so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) thereof or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies principal or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 1 contract
Samples: Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest (if any) thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest (if any) payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise otherwise, including on redemption or retraction, or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption of a Debenture was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Debenture Indenture
Non-Presentation of Debentures. In case If the holder of any Debenture shall fail to present the same Debentures either for payment or for satisfaction by way of issuance of Shares pursuant to Section 3.10 on the date on which the principal of, premium (if any) or thereof and/or the interest thereon or represented thereby becomes payable either at maturity or on redemption or otherwise or shall not accept payment on account or satisfaction thereof and give such receipt therefor, therefor (if any, ) as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by principal monies, Shares and/or the Trustee, the Trustee may itself set aside; the monies or Common Sharesinterest, as the case may be, in trust to be paid or delivered to the holder of such Debenture Debenture, without further interest, upon due presentation or and surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofmonies, premium (if any) or Shares and/or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, and/or Shares have been set aside shall be deemed to have been paid or issued and thereafter such Debentures shall not be considered as outstanding hereunder and the holder holders thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common delivery of Shares (together with any distributions or dividends received by the Trustee in respect of such Shares), if applicableas the case may be, so set aside by the Trustee (without any interest) upon due presentation and surrender thereof, subject always to the provisions of Section 9.37.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of If any Debenture shall fail Debentureholder fails to present the same any Debentures for payment on the date on which the principal of, premium (premium, if any) , or the interest thereon thereon, becomes payable, whether on a payment date, Maturity Date or represented thereby becomes payable either at maturity or otherwise any other repayment date, or shall not accept payment on account thereof and give such receipt therefortherefore, if any, as the Trustee may require:
(a) the Corporation shall thereafter be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall thereafter be entitled to direct the Trustee to set aside; or
(c) the principal of, premium, if the redemption was pursuant to notice given by the Trusteeany, the Trustee may itself set aside; the monies or Common Shares, as the case may beand interest on such Holder’s Debentures, in trust to be paid to the holder of such Debenture Debentureholder upon due presentation or surrender thereof of such Debentures in accordance with the provisions of this Indenture; and thereupon the principal of, premium (premium, if any) or the , and interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.32.4.
Appears in 1 contract
Samples: Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not fails to accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies moneys or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid or delivered to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofprincipal, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies moneys or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies moneys or Common Shares plus distributions on Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Trust Indenture (MDC Partners Inc)
Non-Presentation of Debentures. In case Subject to section 2.11, if the holder Holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or thereof and/or the interest thereon or represented thereby becomes payable either at maturity or on redemption or otherwise or shall not accept payment on account thereof and give such receipt therefor, therefor (if any, ) as the Trustee may require:
(a1) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b2) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c3) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Sharesprincipal moneys and/or the interest, as the case may be, in trust to be paid to the holder Holder of such Debenture upon due presentation or and surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or moneys and/or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and thereafter such Debentures shall not be considered as outstanding hereunder and the holder Holders thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee (without interest thereon) upon due presentation and surrender thereof, subject always to the provisions of Section 9.3section 8.
Appears in 1 contract
Samples: Trust Indenture (Dakota Mining Corp)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Debenture Trustee may require:
(a) the Corporation Trust shall be entitled to pay or deliver to the Debenture Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares Units in the hands of the Debenture Trustee which may or should be applied to the payment of the Debentures, the Corporation Trust shall be entitled to direct the Debenture Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Debenture Trustee, the Debenture Trustee may itself set aside; the monies principal or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common SharesUnits, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common SharesUnits, if applicable, so set aside by the Debenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 1 contract
Samples: Debenture Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; , the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Debenture Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) , the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or aside the Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures(or, where applicable, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was cash amount payable pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies Section 2.14 or Common Shares, as the case may be, Section 8.1) in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common SharesShares (or, if where applicable, the cash amount payable pursuant to Section 2.14 or Section 8.1) have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common SharesShares (or, if where applicable, the cash amount payable pursuant to Section 2.14 or Section 8.1) so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) of or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Debenture Indenture
Non-Presentation of Debentures. In case the holder of If any Debenture shall fail Debentureholder fails to present the same any Debentures for payment on the date on which the principal of, premium (premium, if any) , or the interest thereon thereon, becomes payable, whether on a payment date, Maturity Date or represented thereby becomes payable either at maturity or otherwise any other repayment date, or shall not accept payment on account thereof and give such receipt therefortherefore, if any, as the Trustee may require:
(a) the Corporation shall thereafter be entitled to pay or deliver to the Trustee and direct it the Trustee to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall thereafter be entitled to direct the Trustee to set aside; or
(c) the principal of, premium, if the redemption was pursuant to notice given by the Trusteeany, the Trustee may itself set aside; the monies or Common Shares, as the case may beand interest on such Holder’s Debentures, in trust to be paid to the holder of such Debenture Debentureholder upon due presentation or surrender thereof of such Debenture in accordance with the provisions of this Indenture; and thereupon the principal of, premium (premium, if any) or the , and interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.32.4.
Appears in 1 contract
Samples: Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, applicable (less any taxes required to be deducted in accordance with Section 2.12) so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Indenture
Non-Presentation of Debentures. In case If the holder Holder of any Debenture shall fail fails to present the same its Debenture for payment on the date on which the principal of, premium (if any) or the interest thereon thereof or represented thereby becomes payable either at maturity or otherwise or shall not fails to accept payment on account thereof in cash or Exchangeable Shares issued and delivered pursuant to the provisions hereof or give such receipt therefor, if any, as the Trustee may require:
(a) the The Corporation shall be entitled to pay or deliver issue and deliver, as the case may be, to the Trustee and direct it to set aside; or
(b) in In respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by principal and interest, or the Trustee, the Trustee may itself set aside; the monies or Common Exchangeable Shares, as the case may be, in trust to be paid or delivered, as the case may be, without interest to the holder Holder of such Debenture Debenture, upon due presentation or and/or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys or Common Shares, if applicable, Exchangeable Shares have been set aside shall be deemed to have been paid and the holder Holder thereof shall thereafter have no right in respect thereof thereof, except that of receiving delivery and payment of the monies moneys or Common Shares, if applicable, the Exchangeable Shares so set aside by the Trustee upon due presentation and and/or surrender thereof, subject always to the provisions of Section 9.310.3.
Appears in 1 contract
Samples: Indenture (Amvescap PLC/London/)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment or for conversion, as the case may be, on the date on which the principal of, premium (if any) or thereof and/or the interest thereon or represented thereby becomes payable payable, either at maturity on the Maturity Date or otherwise otherwise, or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; , the monies or Common Sharesprincipal moneys and/or the interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indentureindenture; and thereupon the principal of, premium (if any) or moneys and/or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid paid, no further interest shall accrue thereon for the benefit of the holder and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section section 9.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) of or the interest thereon payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.310.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Debenture Trustee may require:
(a) the Corporation Company shall be entitled to pay or deliver to the Debenture Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Debenture Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Debenture Trustee to set aside; or
the principal, premium (cif any) if or the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Sharesinterest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofprincipal, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Sharesmoneys (less applicable withholding taxes, if applicableany), so set aside by the Debenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby thereof becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefortherefor and for any interest thereon or represented thereby, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by principal moneys or the Trustee, the Trustee may itself set aside; the monies or Common Sharesinterest, as the case may be, in trust for the holder of such Debenture, either in the deposit department of the Trustee or in some chartered bank in Canada, to be paid to the holder of such Debenture holder, with no interest thereon, upon due presentation or surrender thereof in accordance with the provisions of this Indentureindenture; and thereupon the principal of, premium (if any) or the moneys and any interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in - 44 - respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, moneys so set aside aside, by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) of or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.38.3.
Appears in 1 contract
Samples: Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicableapplicable (less applicable withholding taxes, if any) so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Brigus Gold Corp.)
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the interest payable on on, or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal ofprincipal, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Debenture Trustee may require:
(a) the Corporation shall be entitled to pay or deliver to the Debenture Trustee and direct it to set aside; or
(b) in respect of monies or Common Shares in the hands of the Debenture Trustee which may or should be applied to the payment of the Debentures, the Corporation shall be entitled to direct the Debenture Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Debenture Trustee, the Debenture Trustee may itself set aside; the monies principal, premium (if any) or Common Sharesthe interest, as the case may be, in trust to be paid to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal ofprincipal, premium (if any) or the interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Debenture Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3.
Appears in 1 contract
Non-Presentation of Debentures. In case the holder of any Debenture shall fail to present the same for payment on the date on which the principal of, premium (if any) or the interest thereon or represented thereby becomes payable either at maturity or otherwise or shall not accept payment on account thereof and give such receipt therefor, if any, as the Trustee may require:
(a1) the Corporation Company shall be entitled to pay or deliver to the Trustee and direct it to set aside; or
(b2) in respect of monies or Common Shares moneys in the hands of the Trustee which may or should be applied to the payment of the Debentures, the Corporation Company shall be entitled to direct the Trustee to set aside; or
(c) if the redemption was pursuant to notice given by the Trustee, the Trustee may itself set aside; the monies or Common Shares, as the case may be, principal and interest in trust to be paid without interest to the holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture; and thereupon the principal of, premium (if any) or the and interest payable on or represented by each Debenture in respect whereof such monies or Common Shares, if applicable, moneys have been set aside shall be deemed to have been paid and the holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, moneys so set aside by the Trustee upon due presentation and surrender thereof, subject always to the provisions of Section 9.3section 9.03.
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