Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, interest thereon shall be made to such registered Debentureholder. (b) The registered Debentureholder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer and the original or any intermediate Debentureholder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder for any such principal, premium or interest shall be a good discharge to the Issuer and/or the Trustee for the same and neither the Issuer nor the Trustee shall be bound to inquire into the title of any such registered Debentureholder. (c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders therefor shall be a valid discharge, to the Trustee, any registrar and to the Issuer. (d) In the case of the death of one or more joint Debentureholders the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the Issuer.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Corporation nor the Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any such records relating to the Debentures. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Corporation to the Depository.
(c) Beneficial Holders of Debentures:
(i) may not have Debenture certificates registered in their name;
(ii) may not have physical certificates representing their interest in the Debentures;
(iii) may not be able to sell the Debentures to institutions required by law to hold certificates for securities they own; and
(iv) may be unable to pledge Debentures as security.
(d) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer and/or Trustee, any registrar and to the Trustee Corporation for the same and neither the Issuer nor the Trustee none shall be bound to inquire into the title of any such registered Debentureholderholder.
(ce) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Trustee, any registrar and to the IssuerCorporation.
(df) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the IssuerCorporation.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture (Brigus Gold Corp.)
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Corporation nor the Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto made by the Depository; or
(ii) maintaining, supervising or reviewing any such records relating to the Debentures. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Corporation to the Depository.
(c) Except as provided in this Article 3, Beneficial Holders of Debentures:
(i) may not have Debenture certificates registered in their name;
(ii) may not have physical certificates representing their interest in the Debentures;
(iii) may not be able to sell the Debentures to institutions required by law to hold certificates for securities they own; and
(iv) may be unable to pledge Debentures as security.
(d) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer and/or Trustee, any registrar and to the Trustee Corporation for the same and neither the Issuer nor the Trustee none shall be bound to inquire into the title of any such registered Debentureholderholder.
(ce) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Trustee, any registrar and to the IssuerCorporation.
(df) In Subject to the Trustee’s receipt of appropriate documentation, in the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the IssuerCorporation.
Appears in 2 contracts
Samples: First Supplemental Convertible Debenture Indenture (Mogo Inc.), Convertible Debenture Indenture (Mogo Finance Technology Inc.)
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture Indenture, be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off setoff or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Trustee for the same and neither the Issuer Corporation nor the Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Trustee, any registrar Trustee and to the IssuerCorporation.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the IssuerCorporation.
(e) The Trustee may assume for the purposes of this Indenture that any address of the holder appearing in the register maintained by the Trustee is the holder’s actual address.
Appears in 1 contract
Samples: Indenture (Kirkland Lake Gold Ltd.)
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Company nor the Debenture Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto;
(ii) maintaining, supervising or reviewing any records relating to the Debentures held by a Depository;
(iii) the electronic records maintained by the Depository relating to any ownership interests or any other interests in the Debentures or the depository system maintained by the Depository, or payments made on account of any ownership interest or any other interest of any person in any Debenture represented by an electronic position in the book entry registration system (other than the Depository or its nominee);
(iv) maintaining, supervising or reviewing any records of the Depository relating to any such interest; or
(v) any advice or representation made or given by the Depository or those contained herein that relate to the rules and regulations of the Depository or any action to be taken by the Depository. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Company to the Depository.
(c) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Company and the original or any intermediate Debentureholder holder thereof and all an Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Company and/or the Debenture Trustee for the same and neither the Issuer Company nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(cd) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCompany.
(de) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCompany.
Appears in 1 contract
Ownership of Debentures. (a1) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made only to or upon the order in writing of such registered Debentureholderholder.
(b2) Neither the Corporation nor the Trustee or other registrar shall be bound to take notice of or see to the performance or observance of any duty to a third Person, whether under a trust, express, implied or constructive in respect of any Debenture or otherwise, by the registered holder or any Person whom the Corporation or the Trustee treats, as permitted or required by law, as the owner or the registered holder of such Debenture, but shall transfer the same on the direction of the Person 26 -20- so treated or registered as the holder thereof, whether named as trustee or otherwise, as though that Person were the beneficial owner thereof.
(3) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or principal and interest evidenced by such instruments, respectivelyDebenture, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof save in respect of equities of which the Corporation is required to take notice by statute or by order of a court of competent jurisdiction, and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium principal or interest shall be a good discharge to the Issuer and/or Corporation and the Trustee for the same and neither the Issuer Corporation nor the Trustee shall be bound to inquire into the title of any such registered Debentureholderholder save as aforesaid.
(c4) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholders, failing written instructions from them to the contrary, The Corporation and the receipt Trustee may treat the registered holder of any one Debenture as the owner thereof without actual production of such Debentureholders therefor shall be a valid discharge, to Debenture for the Trustee, any registrar and to the Issuer.
(d) In the case of the death of one or more joint Debentureholders the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders and the receipt purpose of any such survivor Debentureholders' Request, requisition, direction, consent, instrument or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the Issuerother document.
Appears in 1 contract
Samples: Trust Indenture (Enron Corp/Or/)
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Debenture Trustee for the same and neither the Issuer Corporation nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders therefor holders therefore shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCorporation.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Corporation nor the Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any such records relating to the Debentures. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Corporation to the Depository.
(c) Beneficial Holders of Debentures:
(i) may not have Debenture certificates registered in their name;
(ii) may not have physical certificates representing their interest in the Debentures;
(iii) may not be able to sell the Debentures to institutions required by law to hold certificates for securities they own; and
(iv) may be unable to pledge Debentures as security.
(d) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer and/or Trustee, any registrar and to the Trustee Corporation for the same and neither the Issuer nor the Trustee none shall be bound to inquire into the title of any such registered Debentureholderholder.
(ce) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholders, failing written instructions from them to the contrary, holders and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Trustee, any registrar and to the IssuerCorporation.
(df) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may, upon such reasonable requirements as the Trustee may prescribe, be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, interest thereon shall be made to such registered Debentureholder.
(b) The registered Debentureholder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Trust and the original or any intermediate Debentureholder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder for any such principal, premium or interest shall be a good discharge to the Issuer Trust and/or the Trustee for the same and neither the Issuer Trust nor the Trustee shall be bound to inquire into the title of any such registered Debentureholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders therefor shall be a valid discharge, to the Trustee, any registrar and to the IssuerTrust.
(d) In the case of the death of one or more joint Debentureholders the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the IssuerTrust.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall must for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall will be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall will be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder for holder of any such principal, premium or interest shall will be a good discharge to the Issuer Corporation and/or the Debenture Trustee for the same and neither the Issuer Corporation nor the Debenture Trustee shall will be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall will be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCorporation.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall will be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Ownership of Debentures. (a) Unless otherwise required by law, the The Person in whose name any registered a Fully Registered Debenture is shall be registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof for all purposes of this Debenture Indenture and payment of or on account of the principal of of, and premiuminterest on, if any, on such Debenture and, in the case of a Fully Registered Debenture, interest thereon shall be made only to or upon the order in writing of the Holder thereof and such registered Debentureholderpayment shall be a complete discharge to the Debenture Trustee, any Registrar of Debentures, the Company and any Paying Agent for the amounts so paid.
(b) The registered Debentureholder for the time being of any registered If a Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer and the original or any intermediate Debentureholder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder for any such principal, premium or interest shall be a good discharge to the Issuer and/or the Trustee for the same and neither the Issuer nor the Trustee shall be bound to inquire into the title of any such registered Debentureholder.
(c) Where Debentures are is registered in the name of more than one namePerson, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholders, failing written instructions from them to the contrary, Persons and the receipt of any one of each such Debentureholders therefor payment shall be a valid discharge, good and sufficient discharge to the Company, the Debenture Trustee, any registrar other Registrar and any Paying Agent for the amount so paid.
(c) Notwithstanding any other provision of this Debenture Indenture, all payments in respect of Debentures represented by a Global Certificate shall be made to the IssuerDepository or its nominee.
(d) In The Holder for the case time being of a Fully Registered Debenture shall be entitled to the principal and interest evidenced by such Debenture, free from all equities or rights of set-off or counterclaim between the Company and the original or any intermediate Holder thereof (except any equities of which the Company is required to take notice by law or by order of a court of competent jurisdiction) and all Persons may act accordingly and a transferee of a Debenture shall, after the appropriate form of transfer is lodged with the Debenture Trustee or other Registrar of Debentures and upon compliance with all other conditions in that behalf required by this Debenture Indenture or by any conditions contained in such Debenture or by law, be entitled to be entered on the appropriate register or on any one of the death appropriate registers as the owner of one such Debenture free from all equities or more joint Debentureholders rights of set-off or counterclaim between the principalCompany and the transferor or any previous Holder thereof, premium, if any, and interest from time save in respect of equities of which the Company is required to time payable thereon may be paid to the take notice by law or by order of the survivor or survivors a court of such registered Debentureholders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the Issuercompetent jurisdiction.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Friday Night and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Friday Night and/or the Debenture Trustee for the same and neither the Issuer Friday Night nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerFriday Night.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerFriday Night.
Appears in 1 contract
Samples: Trust Indenture
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Debenture Trustee for the same and neither the Issuer Corporation nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Fully Registered Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCorporation.
(d) In the case of the death of one or more joint Debentureholders holders of any Fully Registered Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Debenture Trustee for the same and neither the Issuer Corporation nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCorporation.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Corporation nor the Debenture Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any such records relating to the Debentures.
(c) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off compensation or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of payment to any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Debenture Trustee for the same and neither the Issuer Corporation nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(cd) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all or any of such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of payment to any one of such Debentureholders therefor holders therefore shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCorporation.
(de) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of registered holders and the payment to any such registered Debentureholders and the receipt of any such survivor or survivors therefor holder shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is shall be registered shall for all the purposes of this Indenture be and shall be deemed to be the owner thereof for all purposes of this Indenture and payment of or on account of the principal of and premium, if any, interest on such Debenture and, in the case of a Fully Registered Debenture, interest thereon shall be made only to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or principal and interest evidenced by such instruments, respectivelyDebenture, free from all equities or rights of set-set- off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the accordingly. The receipt of any such registered Debentureholder holder for any such principal, premium principal or interest shall be a good discharge to the Issuer and/or the Trustee for the same and neither the Issuer Trustee nor the Trustee Corporation shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Delivery to the Corporation by a Debentureholder of a Debenture or delivery of the receipt of such holder for the principal and interest evidenced by such Debenture respectively shall be a good and valid discharge to the Corporation, which shall not be bound to enquire into the title of such holder, save as ordered by a court of competent jurisdiction or as required by statute.
(d) Subject to applicable law, neither the Trustee nor the Corporation shall be charged with notice of or be bound to see to the execution of any trust (other than that created by this Indenture), whether expressed, implied or constructive, nor be affected by any notice of any subsisting equity, in respect of any Debenture and may transfer the same on the direction of the person registered as the holder thereof, whether named as trustee or otherwise, as though that person were the beneficial owner thereof.
(e) Where Debentures are registered in more than one name, the principal, premium, if any, principal and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions instruction from them to the contrary, and the receipt of any one of such Debentureholders therefor payment shall be a valid discharge, discharge to the Trustee, to any registrar registrar, to the Corporation, and to the Issuerany paying agent.
(df) In the case of the death of one or more joint Debentureholders holders, the principal, premium, if any, principal and interest from time to time payable thereon in respect thereof may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and Trustee, to any registrar registrar, to the Corporation and to the Issuerany paying agent.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Trustee for the same and neither the Issuer Corporation nor the Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Trustee, any registrar and to the IssuerCorporation.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Samples: Trust Indenture (MDC Partners Inc)
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Company nor the Debenture Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any records relating to the Debentures [held by a Depository]. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Company to the Depository.
(c) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Company and the original or any intermediate Debentureholder holder thereof and all an Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Company and/or the Debenture Trustee for the same and neither the Issuer Company nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(cd) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCompany.
(de) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCompany.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall shall, for all the purposes of this Indenture Indenture, be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Corporation nor the Debenture Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any records relating to the Debentures. The rules governing Depositories provide that they act as the agent and depository for Depository Participant. As a result, such Depository Participant must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participant for the payment of principal and interest on the Debentures paid by or on behalf of the Corporation to the Depository.
(c) Beneficial Holders of Global Debentures:
(i) may not have Debentures registered in their name;
(ii) may not have physical certificates representing their interest in the Debentures;
(iii) may not be able to sell the Debentures to institutions required by law to hold certificates for securities they own; and
(iv) may be unable to pledge Debentures as security.
(d) The registered Debentureholder for the time being holder of any registered Debenture shall be entitled to the principal, premium, if any, and/or and interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer and the original or any intermediate Debentureholder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Debenture Trustee for the same and neither the Issuer Corporation nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(ce) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Trustee, any registrar Debenture Trustee and to the IssuerCorporation.
(df) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Trust and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Trust and/or the Debenture Trustee for the same and neither the Issuer Trust nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all or any of such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerTrust.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerTrust.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder for Neither the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer and the original or any intermediate Debentureholder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder for any such principal, premium or interest shall be a good discharge to the Issuer and/or the Trustee for the same and neither the Issuer Corporation nor the Trustee shall be bound have any liability for:
(i) any aspect of the records relating to inquire into the title beneficial ownership of the Debentures held by a Depository or of the payments relating thereto made by the Depository; or
(ii) maintaining, supervising or reviewing any such registered Debentureholderrecords relating to the Debentures. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Corporation to the Depository.
(ci) Where Debentures are may not have Debenture certificates registered in more than one their name, the principal, premium, if any, and ;
(ii) may not have physical certificates representing their interest (in the case of Fully Registered Debentures;
(iii) from time may not be able to time payable in respect thereof sell the Debentures to institutions required by law to hold certificates for securities they own; and
(iv) may be paid unable to the order of all such Debentureholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders therefor shall be a valid discharge, to the Trustee, any registrar and to the Issuerpledge Debentures as security.
(d) In the case of the death of one or more joint Debentureholders the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the Issuer.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof thereof, and the Trust and the Debenture Trustee will not be affected by any notice or knowledge to the contrary except as required by statute or by order of a court of competent jurisdiction, and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Trust nor the Underwriters shall have any liability for: (i) any aspect of the records relating to the beneficial ownership of the Debentures held by CDS (or any successor thereof) or the payments relating thereto; or (ii) maintaining, supervising or reviewing any records relating to the Debentures. The rules governing CDS provide that it acts as the agent and depository for participants of CDS. As a result, such participants must look solely to CDS and beneficial holders must look solely to participants of CDS for the payment of principal and interest on the Debentures paid by or on behalf of the Trust to CDS.
(c) Holders (i) may not have Debentures registered in their name; (ii) may not have physical certificates representing their interest in the Debentures; (iii) may not be able to sell the Debentures to institutions required by law to hold certificates for securities they own; and (iv) may be unable to pledge Debentures as security.
(d) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, principal and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Trust and the original or any intermediate Debentureholder holder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principalsuch, premium or principal interest shall be a good discharge to the Issuer Trust and/or the Debenture Trustee for the same and neither the Issuer Trust nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(ce) Where Debentures are registered in more than one name, the principal, premium, if any, principal and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerTrust.
(df) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, principal and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerTrust.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Company nor the Debenture Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any records relating to such Debentures. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Company to the Depository.
(c) Beneficial Holders of Debentures:
(i) may not have Debentures registered in their name;
(ii) may not have physical certificates representing their interest in the Debentures;
(iii) may not be able to sell the Debentures to institutions required by law to hold certificates for securities they own; and
(iv) may be unable to pledge Debentures as security.
(d) The registered Debentureholder for the holder from time being to time of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Company and the original or any intermediate Debentureholder holder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Company and/or the Debenture Trustee for the same and neither the Issuer Company nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(ce) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, discharge to the Debenture Trustee, any registrar and to the IssuerCompany.
(df) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCompany.
Appears in 1 contract
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall be made to such registered Debentureholderholder.
(b) Neither the Corporation nor the Debenture Trustee shall have any liability for:
(i) any aspect of the records relating to the beneficial ownership of the Debentures held by a Depository or of the payments relating thereto; or
(ii) maintaining, supervising or reviewing any such records relating to the Debentures. The rules governing Depositories provide that they act as the agent and depository for Depository Participants. As a result, such Depository Participants must look solely to the Depository and Beneficial Holders of Debentures must look solely to the Depository Participants for the payment of principal and interest on the Debentures paid by or on behalf of the Corporation to the Depository.
(c) Beneficial Holders of Debentures:
(i) may not have Debenture certificates registered in their name; and
(ii) may not have physical certificates representing their interest in the Debentures.
(d) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer Corporation and the original or any intermediate Debentureholder holder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer Corporation and/or the Debenture Trustee for the same and neither the Issuer Corporation nor the Debenture Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(ce) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders therefor holders therefore shall be a valid discharge, to the Debenture Trustee, any registrar and to the IssuerCorporation.
(df) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Debenture Trustee and any registrar and to the IssuerCorporation.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Transglobe Energy Corp)
Ownership of Debentures. (a) Unless otherwise required by law, the Person in whose name any registered Debenture is registered shall for all the purposes of this Indenture Indenture, other than pursuant to Section 7.1, be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, interest thereon shall be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall be entitled to the principal, premium, if any, and/or interest (less any taxes required to be withheld) evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer REIT and the original or any intermediate Debentureholder holder thereof and all Persons may act accordingly and the receipt of any such registered Debentureholder holder for any such principal, premium or interest shall be a good discharge to the Issuer REIT and/or the Trustee for the same and neither the Issuer REIT nor the Trustee shall be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall be a valid discharge, to the Trustee, any registrar Trustee and to the IssuerREIT.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall be a valid discharge to the Trustee and any registrar and to the IssuerREIT.
(e) The Trustee may assume for the purposes of this Indenture that any address of the holder appearing in the register maintained by the Trustee is the holder’s actual address.
Appears in 1 contract
Samples: Trust Indenture
Ownership of Debentures. (a) Unless otherwise required by law, the Person person in whose name any registered Debenture is registered shall will for all the purposes of this Indenture be and be deemed to be the owner thereof and payment of or on account of the principal of and premium, if any, on such Debenture and, in the case of a Fully Registered Debenture, and interest thereon shall will be made to such registered Debentureholderholder.
(b) The registered Debentureholder holder for the time being of any registered Debenture shall will be entitled to the principal, premium, if any, and/or interest evidenced by such instruments, respectively, free from all equities or rights of set-off or counterclaim between the Issuer REIT and the original or any intermediate Debentureholder holder thereof and all Persons persons may act accordingly and the receipt of any such registered Debentureholder for holder of any such principal, premium or interest shall will be a good discharge to the Issuer REIT and/or the Debenture Trustee for the same and neither the Issuer REIT nor the Debenture Trustee shall will be bound to inquire into the title of any such registered Debentureholderholder.
(c) Where Debentures are registered in more than one name, the principal, premium, if any, and interest (in the case of Fully Registered Debentures) from time to time payable in respect thereof may be paid or credited to the order of all such Debentureholdersholders, failing written instructions from them to the contrary, and the receipt of any one of such Debentureholders holders therefor shall will be a valid discharge, discharge to the Debenture Trustee, any registrar and to the IssuerREIT.
(d) In the case of the death of one or more joint Debentureholders holders of any Debenture the principal, premium, if any, and interest from time to time payable thereon may be paid to the order of the survivor or survivors of such registered Debentureholders holders and the receipt of any such survivor or survivors therefor shall will be a valid discharge to the Trustee and Debenture Trustee, any registrar and to the IssuerREIT.
Appears in 1 contract
Samples: Trust Indenture