Obligation to Pay Not Impaired. Nothing contained in this Article 5 or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as between the Issuer, its creditors other than the holders of Senior Indebtedness, and the Debentureholders, the obligation of the Issuer, which is absolute and unconditional, to pay to the Debentureholders the principal of and interest on the Debentures, as and when the same shall become due and payable in accordance with their terms, or affect the relative rights of the Debentureholders and creditors of the Issuer other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Debentureholder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Obligation to Pay Not Impaired. Nothing contained in this Article 5 6 or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as between the IssuerCompany, its creditors other than the holders of Senior Indebtedness, and the Debentureholdersholders of the Debentures, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Debentureholders holders of the Debentures the principal of and interest on the Debentures, as and when the same shall become due and payable in accordance with their terms, or affect the relative rights of the Debentureholders holders of the Debentures and creditors of the Issuer Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Debenture Trustee or the Debentureholder holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, rights under this Article 5 6 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer received upon the exercise of any such remedyIndebtedness.
Appears in 2 contracts
Samples: Put Notice (Constellation Software Inc), Put Notice (Constellation Software Inc)
Obligation to Pay Not Impaired. Nothing contained in this Article 5 6 or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair, as between the IssuerCorporation, its creditors other than the holders of any Senior Indebtedness, and the Debentureholdersholders of the Notes, the obligation of the IssuerCorporation, which is absolute and unconditional, to pay to the Debentureholders holders of the Notes the principal of of, premium, if any, and interest on the DebenturesNotes, as and when the same shall become due and payable in accordance with their terms, or affect the relative rights of the Debentureholders holders of the Notes and creditors of the Issuer Corporation other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Debentureholder Noteholder from exercising all remedies otherwise permitted by applicable law Applicable Law upon default under this Indenture, subject to the rights, if any, under this Article 5 6 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer Corporation received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Real Property Mortgage Agreement (Joway Health Industries Group Inc)
Obligation to Pay Not Impaired. Nothing contained in this Article 5 or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as between the IssuerREIT, its creditors other than the holders of Senior Indebtedness, and the Debentureholders, the obligation of the IssuerREIT, which is absolute and unconditional, to pay to the Debentureholders the principal of and amount of, premium, if any, on or interest on the Debentures, as and when the same shall become due and payable in accordance with their terms, or affect the relative rights of the Debentureholders and creditors of the Issuer REIT other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the any Debentureholder from exercising all remedies otherwise permitted by applicable law Applicable Law upon default under this Indenture, subject to the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer REIT received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Trust Indenture
Obligation to Pay Not Impaired. Nothing contained in this Article 5 or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as between the IssuerTrust, its creditors other than the holders of Senior Indebtedness, and the Debentureholders, the obligation of the IssuerTrust, which is absolute and unconditional, to pay to the Debentureholders the principal of and interest on the Debentures, as and when the same shall become due and payable in accordance with their terms, or affect the relative rights of the Debentureholders and creditors of the Issuer Trust other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Debentureholder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer Trust received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Algonquin Power Income Fund
Obligation to Pay Not Impaired. Nothing contained in this Article 5 6 or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as between the IssuerCorporation, its creditors other than the holders of Senior Indebtedness, and the Debentureholdersholders of the Debentures, the obligation of the IssuerCorporation, which is absolute and unconditional, to pay to the Debentureholders holders of the Debentures the principal of and interest on the Debentures, as and when the same shall become becomes due and payable in accordance with their terms, ; or affect the relative rights of the Debentureholders holders of the Debentures and creditors of the Issuer Corporation other than the holders of the Senior Indebtedness, nor shall ; or will anything herein or therein prevent the Trustee or the Debentureholder holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 5 6 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer Corporation received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Debenture Indenture
Obligation to Pay Not Impaired. Nothing contained in this Article 5 or elsewhere in this Trust Indenture or in the Debentures is intended to or shall impair, as between the IssuerCorporation, its creditors other than the holders of Senior Indebtedness, and the Debentureholders, the obligation of the IssuerCorporation, which is absolute and unconditional, to pay to the Debentureholders the principal of and interest on the Debentures, as and when the same shall become due and payable in accordance with their terms, or affect the relative rights of the Debentureholders and creditors of the Issuer Corporation other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Debenture Trustee or the any Debentureholder from exercising all remedies otherwise permitted by applicable law upon default under this Trust Indenture, subject to the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer Corporation received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)
Obligation to Pay Not Impaired. Nothing contained in this Article 5 or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as between the IssuerCorporation, its creditors other than the holders of Senior Indebtedness, and the Debentureholders, the obligation of the IssuerCorporation, which is absolute and unconditional, to pay to the Debentureholders the principal of and interest on the Debentures, as and when the same shall become due and payable in accordance with their terms, or affect the relative rights of the Debentureholders and creditors of the Issuer Corporation other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the any Debentureholder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of cash, property or securities of the Issuer Corporation received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Kirkland Lake Gold Ltd.