Common use of Ownership and Entitlement to Payment Clause in Contracts

Ownership and Entitlement to Payment. The Person in whose name a Subordinate Secured Note is registered shall be deemed to be the beneficial owner thereof for all purposes of this Indenture and payment of or on account of the principal and interest on such Subordinate Secured Note shall be made only to or upon the order in writing of such Person, and each such payment shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid. If a Subordinate Secured Note is registered in the name of more than one Person, the principal interest from time to time payable in respect thereof may be paid to the order of all such Persons and each such payment shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid. The Holder for the time being of a Subordinate Secured Note shall be entitled to the principal interest evidenced by such Subordinate Secured Note, free from all equities or rights of setoff or counterclaim between the Corporation and the original or any intermediate Holder thereof except in respect of equities of which the Corporation is required to take notice by statute or by order of a court of competent jurisdiction. The receipt by any such Holder of any such principal or interest shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid, and none of the Corporation, the Trustee, any other Registrar and any Paying Agent shall be bound to inquire into the title of any such Holder.

Appears in 2 contracts

Samples: Note Indenture (Gryphon Gold Corp), Note Indenture (Gryphon Gold Corp)

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Ownership and Entitlement to Payment. The Person in whose name a Subordinate Secured Note Debenture is registered shall be deemed to be the beneficial owner thereof for all purposes of this Indenture and payment of or on account of the principal of and Premium and interest on such Subordinate Secured Note Debenture shall be made only to or upon the order in writing of such Person, and each such payment shall be a good and sufficient discharge to the Corporation, the TrusteeTrustees, any other Registrar and any Paying Agent for the amount so paid. [A&R INDENTURE_FINCO & BNY CANADA & BNY USA] If a Subordinate Secured Note Debenture is registered in the name of more than one Person, the principal principal, Premium and interest from time to time payable in respect thereof may be paid to the order of all such Persons Persons, failing written instructions from them to the contrary, and each such payment shall be a good and sufficient discharge to the Corporation, the TrusteeTrustees, any other Registrar and any Paying Agent for the amount so paid. Notwithstanding any other provision of this Indenture, all payments in respect of Debentures represented by a Global Debenture shall be made to the Depository or its nominee for subsequent payment by the Depository or its nominee to holders of interests in such Global Debenture. The Holder for the time being of a Subordinate Secured Note Debenture shall be entitled to the principal principal, Premium and interest evidenced by such Subordinate Secured NoteDebenture, free from all equities or rights of setoff or counterclaim between the Corporation and the original or any intermediate Holder thereof except in respect of equities of which the Corporation is required to take notice by statute or by order of a court of competent jurisdictionthereof, and all Persons may act accordingly. The receipt by any such Holder of any such principal principal, Premium or interest shall be a good and sufficient discharge to the Corporation, the TrusteeTrustees, any other Registrar and any Paying Agent for the amount so paid, and none of the Corporation, the Trustee, any other Registrar and any Paying Agent shall be bound to inquire into the title of any such Holder.

Appears in 1 contract

Samples: Indenture (Brookfield Renewable Energy Partners L.P.)

Ownership and Entitlement to Payment. The Person in whose name a Subordinate Secured Note Debenture is registered shall be deemed to be the beneficial owner thereof for all purposes of this Indenture and payment of or on account of the principal principal, Premium, if any, and interest on such Subordinate Secured Note Debenture shall be made only to or upon the order in writing of such Person, and each such payment shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid. If a Subordinate Secured Note Debenture is registered in the name of more than one Person, the principal principal, Premium, if any, and interest from time to time payable in respect thereof on such Debenture may be paid to the order of all such Persons and each such payment shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid. Notwithstanding any other provision of this Indenture, all payments in respect of Debentures represented by a Global Debenture Certificate shall be made to the Depository or its nominee for subsequent payment by the Depository or its nominee to BEO Participants. The Holder for the time being of a Subordinate Secured Note Debenture shall be entitled to the principal principal, Premium, if any, and interest evidenced by such Subordinate Secured NoteDebenture, free from all equities or rights of setoff or counterclaim between the Corporation and the original or any intermediate Holder thereof except in respect of equities of which the Corporation is required to take notice by statute or by order of a court of competent jurisdiction. The receipt by any such Holder of any such principal principal, Premium, if any, or interest shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid, and none of the Corporation, the Trustee, any other Registrar and any Paying Agent shall be bound to inquire into the title of any such Holder.

Appears in 1 contract

Samples: And Restated Indenture

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Ownership and Entitlement to Payment. The Person in whose name a Subordinate Secured Note is registered shall be deemed to be the beneficial owner thereof for all purposes of this Indenture and payment of or on account of the principal of and Premium and interest on such Subordinate Secured Note shall be made only to or upon the order in writing of such Person, and each such payment shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid. If a Subordinate Secured Note is registered in the name of more than one Person, the principal principal, Premium and interest from time to time payable in respect thereof may be paid to the order of all such Persons Persons, failing written instructions from them to the contrary, and each such payment shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid. Notwithstanding any other provision of this Indenture, all payments in respect of Notes represented by a Global Note shall be made to the Depository or its nominee for subsequent payment by the Depository or its nominee to BEO Participants. The Holder for the time being of a Subordinate Secured Note shall be entitled to the principal principal, Premium and interest evidenced by such Subordinate Secured Note, free from all equities or rights of setoff or counterclaim between the Corporation and the original or any intermediate Holder thereof except in respect of equities of which the Corporation is required to take notice by statute or by order of a court of competent jurisdiction. The receipt by any such Holder of any such principal principal, Premium or interest shall be a good and sufficient discharge to the Corporation, the Trustee, any other Registrar and any Paying Agent for the amount so paid, and none of the Corporation, the Trustee, any other Registrar and any Paying Agent shall be bound to inquire into the title of any such Holder.

Appears in 1 contract

Samples: Crystallex International Corp

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