Non-Presentation of Debentures. If the Holder of any Debenture fails to surrender the same for payment on the date on which the principal thereof (and premium, if any, thereon) and interest thereon or represented thereby becomes payable, and does not within such time accept payment in respect thereof or give receipt therefor, if any, as the Debenture Trustees may require: (a) the Issuer shall be entitled to pay or deliver to the Debenture Trustees and direct them to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; or (b) in respect of monies deposited with the Debenture Trustees which may or should be applied to the payment of the Debentures, the Issuer shall be entitled to direct the Debenture Trustees to set aside such monies; or (c) if the redemption was pursuant to a notice given by the Debenture Trustees, the Debenture Trustees may themselves set aside the monies 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 (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies, so set aside by the Debenture Trustees (without interest) upon due presentation and surrender thereof of the relevant Debenture, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9.
Appears in 2 contracts
Samples: Trust Indenture (Wall2wall Media Inc.), Trust Indenture (Wall2wall Media Inc.)
Non-Presentation of Debentures. If In case the Holder Debentureholder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does not within such time payable either at maturity or otherwise or fails to accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys or Issuer Shares in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid or delivered to the Holder of such Debenture Debentureholder upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies moneys or Issuer Shares, if applicable, have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder Debentureholder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmoneys or Issuer Shares plus distributions on Issuer Shares, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Non-Presentation of Debentures. If Subject to Section 3.1, in case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Debenture Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside, the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies or Shares, if applicable, have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Shares, if applicable, (less applicable withholding taxes, if any) so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)
Non-Presentation of Debentures. If the any Holder of any Debenture fails to surrender the same present any Debentures for payment on the date on which the principal thereof (and of, premium, if any, or interest thereon) and interest thereon or represented thereby , becomes payable, and does whether on a Payment Date, Maturity Date or any other repayment date, or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer shall thereafter be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside;
(b) in respect of monies deposited with moneys or Common Shares in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer shall thereafter be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was made pursuant to a notice any Notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself thereafter set aside aside, the monies principal of, premium, if any, and interest on such Holder’s Debentures, in trust to be paid to the such Holder of such Debenture upon due presentation or surrender thereof of such Debentures in accordance with the provisions of this Indenture, ; and thereupon the principal of (and of, premium, if any, on) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys and, if permitted hereunder, Common Shares have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the moniesmoneys or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4section 2.4. Any money so set aside mayFor greater certainty, the provisions of Article 7 shall not prevent the application of moneys received by the Trustee pursuant to this section 12.1 to the payment of principal, premium, if any, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9interest on such Holder’s Debentures.
Appears in 2 contracts
Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can), Subscription Agreement (Fairfax Financial Holdings LTD/ Can)
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and payable either at maturity or otherwise or does not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer shall Corporation will be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Common Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer shall Corporation will be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside. the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) 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 will be deemed to have been paid and thereafter such Debentures the holder thereof will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Common Shares, if applicable, (less applicable Withholding Taxes, if any) so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 2 contracts
Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does not within such time payable either at maturity or otherwise or fails to accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer REIT shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys or Trust Units in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer REIT shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest or Trust Units, as the case may be, in trust trust, without interest, either in the deposit department of the Trustee or in a chartered bank and to remit to the proper taxing authority any taxes required to be paid to the Holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenturewithheld therefrom, and thereupon the principal of (such setting aside and premiumremittance, if any, on) or shall for all purposes be deemed a payment to the interest payable on or represented by each Debenture in respect whereof such monies have been Debentureholder of the sum so set aside and remitted and, to that extent, the Debenture shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture hereunder and the Holder thereof Debentureholder shall thereafter have no other right in respect thereof except that of receiving delivery and to receive payment out of the moniesmoneys so paid and deposited, or to take delivery of the Trust Units so set aside by the Debenture Trustees (without interest) deposited, plus distributions and accretions on Trust Units, if applicable, upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.910.3.
Appears in 1 contract
Samples: Trust Indenture
Non-Presentation of Debentures. If the Holder of any Debenture Debentureholder fails to surrender the same present any Debentures for payment on the date on which the principal thereof (and of, premium, if any, or interest thereon) and interest thereon or represented thereby , becomes payable, and does whether on a Payment Date, Maturity Date or any other repayment date, or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Indenture Trustee may require:
(a) the Issuer Company shall thereafter be entitled to pay or deliver to the Debenture Trustees Indenture Trustee and direct them the Indenture Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys or Common Shares in the Debenture Trustees hands of the Indenture Trustee which may or should be applied to the payment of the Debentures, the Issuer Company shall thereafter be entitled to direct the Debenture Trustees Indenture Trustee to set aside aside; the principal of, premium, if any, and interest on such monies; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesHolder’s Debentures, the Debenture Trustees may themselves set aside the monies 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 (and of, premium, if any, on) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys and, if permitted hereunder, Common Shares have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the moniesmoneys or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) Indenture Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4subsection 2.5. Any money so set aside mayFor greater certainty, the provisions of Article 6 shall not prevent the application of moneys received by the Indenture Trustee pursuant to this subsection 10.1 to the payment of principal, premium, if any, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9interest on such Holder’s Debentures.
Appears in 1 contract
Non-Presentation of Debentures. If the any Holder of any Debenture fails to surrender the same present any Debentures for payment on the date on which the principal thereof (and of, premium, if any, or interest thereon) and interest thereon or represented thereby , becomes payable, and does whether on a Payment Date, Maturity Date or any other repayment date, or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Issuer may require:
(a) the Issuer shall thereafter be entitled to pay or deliver to the Debenture Trustees a trustee and direct them such trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys or Common Shares in the Debenture Trustees hands of a trustee which may or should be applied to the payment of the Debentures, the Issuer shall thereafter be entitled to direct the Debenture Trustees such trustee to set aside aside; the principal of, premium, if any, and interest on such monies; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesHolder’s Debentures, the Debenture Trustees may themselves set aside the monies in trust to be paid to the such Holder of such Debenture upon due presentation or surrender thereof of such Debentures in accordance with the provisions of this Indenture, the Debentures; and thereupon the principal of (and of, premium, if any, on) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys and, if permitted hereunder, Common Shares have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the moniesmoneys or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4section 2.4. Any money so set aside mayFor greater certainty, the provisions of Article 7 shall not prevent the application of moneys received by a trustee pursuant to this section 12.1 to the payment of principal, premium, if any, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9interest on such Holder’s Debentures.
Appears in 1 contract
Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Common Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) 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 thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Company shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Company shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies moneys have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmoneys (less applicable withholding taxes, if any), so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenture, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9thereof.
Appears in 1 contract
Non-Presentation of Debentures. If the any Holder of any Debenture fails to surrender the same present any Debentures for payment on the date on which the principal thereof (and of, premium, if any, or interest thereon) and interest thereon or represented thereby , becomes payable, and does whether on the Maturity Date or otherwise, as applicable, or if any Holder shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer shall thereafter be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside;
(b) in respect of monies deposited with moneys or Common Shares in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer shall thereafter be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption or repurchase was made pursuant to a notice any Notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself thereafter set aside aside, the monies principal of, premium, if any, and interest on such Holder’s Debentures, in trust to be paid to the such Holder of such Debenture upon due presentation or surrender thereof of such Debentures in accordance with the provisions of this Indenture, ; and thereupon the principal of (and of, premium, if any, on) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys and, if permitted hereunder, Common Shares have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the moniesmoneys or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4section 2.15. Any money so set aside mayFor greater certainty, the provisions of Article 8 shall not prevent the application of moneys received by the Trustee pursuant to this section 12.1 to the payment of principal, premium, if any, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9interest on such Holder’s Debentures.
Appears in 1 contract
Samples: Indenture
Non-Presentation of Debentures. If Subject to Section 4.1, in case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Debenture Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside;
(b) in respect of monies deposited with in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside, the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies (less applicable withholding taxes, if any) so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Non-Presentation of Debentures. If the Holder of any Debenture a Debentureholder fails to surrender the same present such Debentureholder's Debenture for payment on the date on which the principal thereof (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Indenture Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Indenture Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside;
(b) in respect of monies deposited with or Common Shares in the Debenture Trustees hands of the Indenture Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Indenture Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesIndenture Trustee, the Debenture Trustees Indenture Trustee may themselves itself set aside aside, the monies principal monies, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of monies, premium (and premium, if any, on) 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 thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) Indenture Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Samples: Trust Indenture
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Common Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) 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 thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Common Shares, if applicable (less applicable withholding taxes, if any), so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof of, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with (or other property) or Common Shares in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies (or other property) or Common Shares, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of of, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies (or other property) or Common Shares, if applicable, have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies (or other property) or Common Shares, if applicable (less applicable withholding taxes, if any) so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Trust shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Trust Units in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Trust shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in n i respect whereof such monies or Trust Units, if applicable, have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Trust Units, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and payable either at maturity or otherwise or does not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer shall Corporation will be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer shall Corporation will be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies or Shares, if applicable, have been set aside shall will be deemed to have been paid and thereafter such Debentures the holder thereof will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Shares, if applicable, (less applicable withholding taxes, if any) so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and payable either at maturity or otherwise or does not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer shall REIT will be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Units in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer shall REIT will be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies or Units, if applicable, have been set aside shall will be deemed to have been paid and thereafter such Debentures the holder thereof will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Units, if applicable, (less applicable withholding taxes, if any) so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Samples: Trust Indenture
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment (including payment in monies or Shares) on the date on which the principal thereof and, premium (and premium, if any, thereon) and interest thereon becomes payable either at maturity or represented thereby becomes payable, and does otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Shares in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; subject always to the monies provisions of Section 8.3, the principal and premium (if any) or interest, 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 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 Debentureholder of (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies have been sum so set aside and, to that extent, the Debenture shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture hereunder and the Holder thereof Debentureholder shall thereafter 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 interest payable in respect thereof except that of receiving delivery and payment such Debenture in respect of the monies, so set aside by the Debenture Trustees (without interest) upon due presentation and surrender thereof of the relevant such Debenture, subject always to and in the provisions event that the Trustee receives the same, it shall hold the same in trust for the benefit of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9such holder.
Appears in 1 contract
Samples: Trust Indenture (NexGen Energy Ltd.)
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does not within such time payable either at maturity or otherwise or fails to accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Debenture Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys or Common Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies in trust to be paid to the Holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indentureprincipal, and thereupon the principal of premium (and premium, if any, on) or the interest payable on or represented by each Common Shares, as the case may be, in trust, without interest, either in the deposit department of the Debenture Trustee or in respect whereof a chartered bank, and such monies have been setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture hereunder and the Holder thereof Debentureholder shall thereafter have no other right in respect thereof except that of receiving delivery and to receive payment out of the moniesmoneys so paid and deposited or to take delivery of the Common Shares so deposited plus distributions and accretions on Common Shares, so set aside by the Debenture Trustees (without interest) if applicable, upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)
Non-Presentation of Debentures. If the Holder of any Debenture Debentureholder fails to surrender the same present any Debentures for payment on the date on which the principal thereof (and of, premium, if any, or interest thereon) and interest thereon or represented thereby , becomes payable, and does whether on a Redemption Date, Payment Date, Maturity Date or any other repayment date, or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Indenture Trustee may require:
(a) the Issuer Corporation shall thereafter be entitled to pay or deliver to the Debenture Trustees Indenture Trustee and direct them the Indenture Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside,
(b) in respect of monies deposited with moneys or Common Shares in the Debenture Trustees hands of the Indenture Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall thereafter be entitled to direct the Debenture Trustees Indenture Trustee to set aside such monies; aside, or
(c) if the redemption was made pursuant to a notice any Notice given by the Debenture TrusteesIndenture Trustee, the Debenture Trustees Indenture Trustee may themselves itself thereafter set aside aside, the monies principal of, premium, 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 (and of, premium, if any, on) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys and, if permitted hereunder, Common Shares have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the moniesmoneys or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) upon due presentation and surrender thereof of the relevant Debenture, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9.set
Appears in 1 contract
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Company shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Company shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, on such holder’s Debentures in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies or Shares, if applicable, have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Shares, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3.
Appears in 1 contract
Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Debenture Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside;
(b) in respect of monies deposited with or Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside, the monies or Shares, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of (and premium, if any, on) monies or the interest Shares payable on or represented by each Debenture in respect whereof such monies or Shares, if applicable, have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Shares, if applicable, (less applicable withholding taxes, if any) so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.99.3 .
Appears in 1 contract
Non-Presentation of Debentures. If In case the Holder Debentureholder of any Debenture fails shall fall to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and interest or the Interest thereon or represented thereby becomes payable, and does not within such time payable either at maturity or otherwise or fails to accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Trust shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys or Trust Units in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer Trust shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid or delivered to the Holder of such Debenture Debentureholder upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies moneys or Trust Units, if applicable, have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder Debentureholder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmoneys or Trust Units plus distributions on Trust Units, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.910.3.
Appears in 1 contract
Non-Presentation of Debentures. If the Holder of any Debenture Debentureholder fails to surrender the same present any Debentures for payment on the date on which the principal thereof (and of, premium, if any, or interest thereon) and interest thereon or represented thereby , becomes payable, and does whether on a Redemption Date, Payment Date, Maturity Date or any other repayment date, or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Indenture Trustee may require:
(a) the Issuer Company shall thereafter be entitled to pay or deliver to the Debenture Trustees Indenture Trustee and direct them the Indenture Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside;
(b) in respect of monies deposited with moneys or Common Shares in the Debenture Trustees hands of the Indenture Trustee which may or should be applied to the payment of the Debentures, the Issuer Company shall thereafter be entitled to direct the Debenture Trustees Indenture Trustee to set aside such moniesaside; or
(c) if the redemption was made pursuant to a notice any Notice given by the Debenture TrusteesIndenture Trustee, the Debenture Trustees Indenture Trustee may themselves itself thereafter set aside aside, the monies principal of, premium, 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 (and of, premium, if any, on) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys and, if permitted hereunder, Common Shares have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the moniesmoneys or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) Indenture Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4subsection 2.4. Any money so set aside mayFor greater certainty, the provisions of article 6 shall not prevent the application of moneys received by the Trustee pursuant to this subsection 12.1 to the payment of principal, premium, if any, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9interest on such Holder’s Debentures.
Appears in 1 contract
Samples: Indenture (Alamos Gold Inc)
Non-Presentation of Debentures. If the Holder of In case any Debenture fails Debentureholder shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Friday Night shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Common Shares in the hands of the Debenture Trustees Trustee which may or should be applied to the payment of the Debentures, the Issuer Friday Night shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium (if any) or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of principal, premium (and premium, if any, on) 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 thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the moniesmonies or Common Shares, if applicable, so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.97.3.
Appears in 1 contract
Samples: Trust Indenture
Non-Presentation of Debentures. If In case the Holder holder of any Debenture fails shall fail to surrender present the same for payment (including payment in monies or Shares) on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with or Shares in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; subject always to the monies provisions of Section 8.3, the principal, premium (if any) or interest, 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 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 Debentureholder of (and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof such monies have been sum so set aside and, to that extent, the Debenture shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture hereunder and the Holder thereof Debentureholder shall thereafter 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 interest payable in respect thereof except that of receiving delivery and payment such Debenture in respect of the monies, so set aside by the Debenture Trustees (without interest) upon due presentation and surrender thereof of the relevant such Debenture, subject always to and in the provisions event that the Trustee receives the same, it shall hold the same in trust for the benefit of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9such holder.
Appears in 1 contract
Samples: Trust Indenture (NexGen Energy Ltd.)
Non-Presentation of Debentures. If Subject to the Holder redemption provisions applicable to any Debentures, in case the holder of any Debenture fails shall fail to surrender present the same for payment on the date on which the principal thereof (and thereof, the premium, if any, thereon) and thereon and/or the interest thereon or represented thereby becomes payablepayable either at maturity, and does on redemption or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Company shall be entitled to pay or deliver to the Debenture Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereofaside; or
(b) in respect of monies deposited with moneys in the Debenture Trustees hands of the Trustee which may or should be applied to the payment or redemption of the Debentures, the Issuer Company shall be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was pursuant to a notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself set aside aside; the monies principal, premium, if any, or the interest, as the case may be, in trust to be paid to the Holder holder of such Debenture upon due presentation or surrender thereof in accordance with the provisions of this Trust Indenture, and thereupon the principal of (from and premium, if any, on) or the interest payable on or represented by each Debenture in respect whereof after such monies have been set setting aside all such amounts shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under by the Company in accordance with the provisions of this Trust Indenture and such Debenture shall be deemed not to be outstanding hereunder and no further interest shall accrue thereon to the Holder thereof shall thereafter holder and the holder of such Debenture shall, subject to Section 7.03, have no right rights in respect thereof except that of receiving delivery and payment of the monies, moneys so set aside by the Debenture Trustees (without interest) upon due presentation and surrender thereof of the relevant Debenture, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.9thereof.
Appears in 1 contract
Non-Presentation of Debentures. If the Holder of any Debenture Debentureholder fails to surrender the same present any Debentures for payment on the date on which the principal thereof (and of, premium, if any, or interest thereon) and interest thereon or represented thereby , becomes payable, and does whether on a payment date, Maturity Date or any other repayment date, or shall not within such time accept payment in respect on account thereof or and give such receipt therefortherefore, if any, as the Debenture Trustees Trustee may require:
(a) the Issuer Corporation shall thereafter be entitled to pay or deliver to the Debenture Trustees Trustee and direct them the Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Debenture Trustees in their absolute discretion for the payment thereof; oraside;
(b) in respect of monies deposited with moneys in the Debenture Trustees hands of the Trustee which may or should be applied to the payment of the Debentures, the Issuer Corporation shall thereafter be entitled to direct the Debenture Trustees Trustee to set aside such moniesaside; or
(c) if the redemption was made pursuant to a notice any Notice given by the Debenture TrusteesTrustee, the Debenture Trustees Trustee may themselves itself thereafter set aside aside; the monies principal of, premium, if any, and interest on such Xxxxxx’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 (and of, premium, if any, on) or the and interest payable on or represented by each Debenture in respect whereof such monies moneys have been set aside shall be deemed to have been paid and thereafter such Debentures will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving to receive delivery and payment of the monies, moneys so set aside by the Debenture Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Debenturethereof, subject always to the provisions of Section 12.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Debenture Trustees in accordance with Section 16.92.4.
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Samples: Indenture