Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenture, the Corporation will deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authority) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited or made available the amount to which such holder is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 9:00 a.m. (Toronto Vancouver time) on the not less than one Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheldthereon), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authority) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Vancouver time) on the not less than five Business Day Days immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11the Notes, payments of amounts due upon maturity of the Debentures Notes will be made in the following manner. The Corporation will establish and maintain with the Debenture Note Trustee a Maturity Account for each series of Debenturesthe Notes. Each such Such Maturity Account shall be maintained by and be subject to the control of the Debenture Note Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Montreal time) on the Business Day immediately prior to each maturity date the Maturity Date for Debentures outstanding from time to time under this Indenturethe Notes, the Corporation will deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures the Notes (including the principal amount and premium (if any) together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Note Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 2.9 post-dated to the applicable maturity dateMaturity Date. The Debenture Note Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) of and accrued and unpaid interest on the DebentureNote, upon surrender of the Debenture Note at any branch of the Debenture Note Trustee designated for such purpose from time to time by the Corporation and the Debenture Note Trustee. The delivery of such funds to the Debenture Note Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures Notes to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures Notes will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited or made available the amount to which such holder is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Company will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the not less than one Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Company will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationCompany, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Company all the funds due and payable on the Debentures.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. a.m., (Toronto Calgary time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will Trust shall have transferred funds by electronic transfer of funds (provided the Debenture Trustee must have received confirmation of receipt of such funds on or before such time) for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation Trust may elect to satisfy this requirement with the consent of the Debenture Trustee by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date or by delivery of a certified cheque or bank draft. The Debenture Trustee, on behalf of the CorporationTrust, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch the principal office of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary Time on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Trust will deliver to the Debenture Trustee a cheque for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation Trust may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the CorporationTrust, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one a certified cheque or more certified cheques, or with funds by electronic transfer, wire transfer for such amounts required under this Section 2.13 2.14 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will cause the Trustee to establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the not less than one Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in this Indenture and any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenture, the Corporation will deposit Company shall have wired funds to the Debenture Trustee by electronic transfer of funds (provided the Debenture Trustee must have received confirmation of receipt of such funds on or before such time) in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount and premium (if any), together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation Company may elect to satisfy this requirement by providing the Debenture Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 2.12 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationCompany, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureDebenture (less applicable withholding taxes, if any), upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted of as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder is entitled. All payments to be made by the Debenture Trustee will be subject to Section 13.10 hereunder.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein herein, including Article 3, the occurrence of the Liquidity Event or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11the Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date the Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Debenture Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture TrusteeAgency. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. If directed by the Registered Debentureholder, the Corporation will, on the due date, pay or cause to be paid such principal and interest (less any tax required to be deducted or withheld) by electronic funds transfer to a designated bank account of the Registered Debentureholder. Any such direction to the Corporation must be in writing and received by the Corporation and the Debenture Trustee at least fifteen (15) Business Days prior to any date upon which such payment is to be made. Any costs relating to payment of interest and principal by way of electronic funds transfer will be borne by the holder.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11herein, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such The Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the not less than one Business Day immediately prior to each maturity date the Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitledentitled and the Debenture Indenture terminated and of no further force and effect and the Debenture Trustee released from its obligations thereunder. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.
Appears in 1 contract
Samples: Secured Trust Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Pacific time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except 2.7.1 The Company will pay to the Holders on the Final Maturity Date 100% of the principal amount of the Securities plus accrued and unpaid interest (if any) to, but excluding, the Final Maturity Date. The following provisions shall apply to the Securities, except as may otherwise be provided herein or specified in any a supplemental indenture in respect relating to the Securities:
(a) In the case of any series of Debentures and subject to Section 4.11fully registered Securities, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Company will establish and maintain with the Debenture Trustee or Paying Agent, if applicable, a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee maturity account for the purposes of this IndentureSecurities (the “Maturity Account”). On or before 11:00 a.m. (a.m., Toronto time) on , four Business Days before the Business Day immediately prior to each maturity date Final Maturity Date for Debentures the Securities outstanding from time to time under this Indenture, the Corporation Company will deposit in the applicable Maturity Account in US dollars an a cash amount sufficient to pay the cash amount payable in respect of such Debentures Securities (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture TrusteeCompany (either directly or through the Trustee or the Paying Agent, on behalf of the Corporation, if applicable) will pay to each holder entitled to receive payment payment, the principal amount of and premium (if any) of, and accrued and unpaid interest on (if any) on, the DebentureSecurities, upon surrender of the Debenture Securities at any branch of the Debenture Trustee or Paying Agent, if applicable, designated for such purpose from time to time by the Corporation Company and the Debenture TrusteeTrustee or Paying Agent, if applicable. The delivery deposit or making available of such funds to the Debenture Trustee for deposit full amounts due to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Company for the Debentures Securities to which the delivery deposit or making available of funds relates to the extent of the amount delivered deposited or made available (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures Securities will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited or made available the amount to which such holder it is entitled. Failure to make a deposit or make funds available as required to be made pursuant to this Section 2.7.1(a) will constitute a default in payment on the Securities in respect of which the deposit or making available of funds was required to have been made;
(b) In the case of a Global Security, on or before 11:00 a.m., Toronto time, three Business Days before the Final Maturity Date for the Securities outstanding from time to time under this Indenture, the Company will deliver to the Trustee a certified cheque or bank draft (dated the Final Maturity Date) or electronic funds transfer for the full amount due under and against receipt of the Global Security. The delivery of such certified cheque, bank draft or electronic funds to the Trustee will satisfy and discharge the liability of the Company for the Securities to which the cheque or electronic funds relates to the extent of the amount deposited or made available (plus the amount of any tax deducted as aforesaid) and such Securities will thereafter not be considered as outstanding under this Indenture unless such cheque is not paid on presentation at any of the places of which such interest is payable. Failure to make delivery of the cheque or make funds available as required pursuant to this Section 2.7.1(b) will constitute default in payment on the Securities in respect of which the delivery or making available of funds was required to have been made.
2.7.2 Notwithstanding the foregoing, (i) all payments in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Company shall remit the payment to the Trustee or Paying Agent, if applicable, by LVTS. The Trustee or Paying Agent, if applicable shall have no obligation to disburse funds pursuant to this Section 2.7 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the Final Maturity Date. The Trustee or Paying Agent, if applicable shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
2.7.3 If the Company or an Affiliate of the Company acts as Paying Agent, it shall, before 11:00 a.m., Toronto time, on each due date of the principal of, or interest on, any Securities, segregate the money and hold it as a separate trust fund. The Company at any time may require a Paying Agent to pay all money held by it to the Trustee, and the Trustee may at any time during the continuance of any Default, upon written request to a Paying Agent, require such Paying Agent to pay forthwith to the Trustee all sums so held in trust by such Paying Agent. Upon doing so, the Paying Agent (other than the Company) shall have no further liability for the money.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11the Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such The Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 2.14 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. a.m., (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Debenture Trustee by electronic funds transfer (or otherwise provide immediately available funds) for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch the principal office of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except (a) The following provisions shall apply to Debt Securities, except as may otherwise be provided herein specified in a Board Resolution, an Officers’ Certificate or in any supplemental indenture in respect of any a Supplemental Indenture relating to a particular series of Debentures and subject to Section 4.11, payments of amounts due upon maturity of the Debentures will be made Debt Securities:
(i) in the following manner. The Corporation case of fully registered Debt Securities, the Trust will establish and maintain with the Debenture Indenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this IndentureDebt Securities. On or before 11:00 a.m. (Toronto Calgary time) on the Business Day immediately prior to before each maturity Maturity date for Debentures Debt Securities outstanding from time to time under this Indenture, the Corporation Trust will deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures Debt Securities (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf Trust (either directly or through the Indenture Trustee or any agent of the Corporation, Indenture Trustee) will pay to each holder entitled to receive payment payment, the principal amount of of, and premium Premium (if any) and accrued and unpaid interest on on, the DebentureDebt Securities, upon surrender of the Debenture Debt Securities at any branch of the Debenture Indenture Trustee designated for such purpose from time to time by the Corporation Trust and the Debenture Indenture Trustee. The delivery deposit or making available of such funds to the Debenture Trustee for deposit amounts to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Trust for the Debentures Debt Securities to which the delivery deposit or making available of funds relates to the extent of the amount delivered deposited or made available (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures Debt Securities will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited or made available the amount to which such holder it is entitled. Failure to make a deposit or make funds available as required to be made pursuant to this Section 2.13(a) will constitute default in payment on the Debt Securities in respect of which the deposit or making available of funds was required to have been made;
(ii) in the case of Global Debt Securities, on or before 9:00 a.m. (Calgary time) on the Business Day before each Maturity date for Debt Securities outstanding from time to time under the Indenture, the Trust will deliver to the Depository a cheque (dated the Maturity date) or electronic funds transfer against receipt of the Global Debt Security. The delivery of such cheque or electronic funds to the Depository will satisfy and discharge the liability of the Trust for the Debt Securities to which the cheque or electronic funds relates to the extent of the amount deposited or made available (plus the amount of any tax deducted as aforesaid) and such Debt Securities will thereafter not be considered as outstanding under this Indenture unless such cheque is not paid on presentation at any of the places of which such interest is payable. Failure to make delivery of the cheque or make funds available as required pursuant to this Section 2.13(b) will constitute default in payment on the Debt Securities in respect of which the delivery or making available of funds was required to have been made.
(b) Notwithstanding the foregoing, (i) all payments in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any sucessor thereto) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Trust shall remit payment to the Indenture Trustee by LVTS. The Indenture Trustee shall have no obligation to disburse funds pursuant to this Section 2.13 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable date of Maturity. The Indenture Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Vancouver time on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee an electronic transfer of funds or a cheque for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 2.16 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if anyto the extent that the Debenture has not been converted or redeemed) and accrued and unpaid interest (accrued up to but excluding the Maturity Date) on the Debenture, upon surrender of the Debenture at any branch the principal office of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trusteein Vancouver, British Columbia. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. The Trustee shall have no obligation to disburse funds pursuant to this Section 2.15 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Maturity Date. The Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in this Indenture and in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary Time on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will shall have transferred funds by electronic transfer of funds (provided the Debenture Trustee must have received confirmation of receipt of such funds on or before such time) for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one a certified cheque or more certified cheques, or with funds by electronic transfer, banker's draft for such amounts required under this Section 2.13 2.14 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureDebentures (less applicable withholding taxes, if any) upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the a Debenture, upon surrender of the such Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted or withheld as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Brigus Gold Corp.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the a Debenture, upon surrender of the such Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted or withheld as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11, payments Payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Company will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Company will deliver to the Trustee a wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount Maturity Date Payment together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationCompany, will pay to each holder entitled to receive payment of the principal amount of and premium the interest (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch the Toronto office of the Debenture Trustee designated for such purpose from time to time by the Corporation Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. For greater certainty, it is acknowledged and agreed that under no circumstances will the Trustee be responsible for any tax withholding which may be required in connection with the Debentures. It is further acknowledged and agreed that any tax withholding in connection with the Uncertificated Debentures will be done by Participants of CDS, in accordance with their customary practices and procedures.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11the Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such The Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 2.14 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Calgary time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Trust will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation Trust may elect to satisfy this requirement by providing the Debenture Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the CorporationTrust, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Perpetual Energy Inc.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary Time on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Trust will deliver to the Debenture Trustee funds for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount amount, together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationTrust, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, (less any tax required by law to be deducted) upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Payment of funds to the Debenture Trustee upon maturity of the Debentures shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreeable between the Trust and the Debenture Trustee in order to effect such maturity payment hereunder. The Debenture Trustee shall disburse such maturity payments only upon receiving, at least one Business Day prior to each Maturity Date, funds in an amount sufficient for the maturity payment. Notwithstanding the foregoing, (i) all payments in excess of $25 million in Canadian dollars (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Trust shall remit payment to the Debenture Trustee by LVTS. The Debenture Trustee shall have no obligation to disburse funds pursuant to this Section 2.13 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Maturity Date. The Debenture Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures (if not already converted) will be made in the following manner. :
(1) The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On .
(2) The Corporation shall deposit with the Trustee on or before 11:00 10:00 a.m. (Toronto Calgary time) on the Business Day immediately prior to each maturity date for the Maturity Date (provided that such Debentures outstanding from time to time under this Indenture, the Corporation will deposit in the applicable Maturity Account in US dollars an amount have not already been converted) such sums of money as may be sufficient to pay all the cash amount payable in respect of such Debentures principal, premium (including the principal amount together with any if any), and accrued and unpaid interest thereon up to but excluding the Maturity Date (less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a wire for such amounts required under this Section 2.13 post-dated to the applicable maturity date2.14. The Debenture Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection therewith. Every such deposit shall be irrevocable.
(3) The Trustee, on behalf of the Corporation, will pay to each holder Debentureholder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted or withheld as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Secured Convertible Debenture Indenture (Starfighters Space, Inc.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in this Indenture and any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenture, the Corporation will deposit Company shall have transferred funds to the Debenture Trustee by electronic transfer of funds (provided the Debenture Trustee must have received confirmation of receipt of such funds on or before such time) in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount and premium (if any), together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation Company may elect to satisfy this requirement by providing the Debenture Trustee with one a certified cheque or more certified cheques, or with funds by electronic transfer, a banker’s draft for such amounts required under this Section 2.13 2.12 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationCompany, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureDebenture (less applicable withholding taxes, if any), upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted of as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.9, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation REIT will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall will be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 9:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenture, the Corporation REIT will deliver by certified cheque or wire transfer to the Debenture Trustee for deposit in the applicable Maturity Account in US dollars an amount calculated by the REIT to be sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheldapplicable withholding taxes, if any), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationREIT, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureDebenture (less applicable withholding taxes, if any), upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation REIT and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation REIT for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax withheld or deducted as aforesaid and remitted to the appropriate governmental proper tax authority) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. The Debenture Trustee shall make payments hereunder only to the extent that it has been funded.
Appears in 1 contract
Samples: Trust Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.1, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. For certainty, if the Corporation elects to pay all or a portion of the aggregate principal amount of the Initial Debentures on the Maturity Date in Common Shares pursuant to Section 2.4(h), such payment to the Maturity Account shall be limited to (a) aggregate interest payable; and (b) such portion, if any, of the aggregate principal amount of Initial Debentures that will not be satisfied by the issuance of Common Shares.
Appears in 1 contract
Samples: Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following mannermanner described in this Section 2.11. The Corporation Company will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such The Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date the Maturity Date for the Debentures outstanding from time to time under this Indenture, the Corporation will Company shall have transferred funds by electronic transfer of funds (provided the Debenture Trustee must have received confirmation of receipt of such funds on or before such time) for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the principal cash amount payable in respect of such Debentures (including the principal amount Debentures, together with any accrued and unpaid interest thereon (less any tax required by law to be deducted or withhelddeducted), provided the Corporation Company may elect to satisfy this requirement by providing the Debenture Trustee with one a certified cheque or more certified cheques, or with funds by electronic transfer, a banker’s draft for such amounts required under this Section 2.13 post-dated to the applicable maturity date2.11. The Debenture Trustee, on behalf of the CorporationCompany, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureDebentures (less applicable withholding taxes, if any), upon surrender of the Debenture Debentures at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary Time on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Trust will deliver to the Debenture Trustee a cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation Trust may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the CorporationTrust, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Calgary time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. 2:00 p.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted or withheld as aforesaid and aforesaid, provided that such taxes which were deducted or withheld were remitted to the appropriate governmental authorityauthority in accordance with prescribed law) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Calgary time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, a cheque or with funds by electronic transfer, transfer for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authority) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each registered holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest such Debenture, appearing on the Debentureregisters maintained by the Trustee, upon surrender of the Debenture at any branch the principal office of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. The Trustee shall only release funds to the extent that funds have been deposited into the Maturity Account and any cheque of the Corporation has cleared the bank. For greater clarity, the Trustee shall not be obligated to release any funds until it shall have been provided readily available funds for payment to the registered holders of Debentures.
Appears in 1 contract
Samples: Debenture Indenture (Molycorp, Inc.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the not less than one Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.
Appears in 1 contract
Samples: Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner:
(a) If the Corporation determines to make payments of such amounts directly, the Corporation will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Trustee designated for such purpose from time to time by the Corporation and the Trustee, and notification to the Corporation by the Trustee of such surrender by such holder. The Corporation shall promptly furnish to the Trustee evidence of payment to each holder having been made. The payment of such funds to such holders will satisfy and discharge the liability of the Corporation for the Debentures to which the payment of funds relates to the extent of the amount paid and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so paid or made available the amount to which it is entitled; or
(b) If the Corporation determines that payments of such amounts are to be made by the Trustee, the Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. The Corporation shall also deposit with the Trustee a sum sufficient to pay any charges or expenses which may be incurred by the Trustee in connection therewith. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheldthereon), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authority) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto timeEastern Time) on the not less than three Business Day Days immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee, subject to the prior consent of the Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Payments of Amounts Due on Maturity. (a) Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary time on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Debenture Trustee a certified cheque for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon thereon, less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
(b) Notwithstanding Section 2.13(a), if a series of Debentures is represented by a Global Debenture, then all payments of amounts due on maturity (including the principal amount together with any accrued and unpaid interest thereon) on the Global Debentures representing such Debentures shall be made by certified cheque, bank draft or electronic transfer of funds made payable to the Depository or its nominee for subsequent payment by the Depository to Beneficial Holders of interests in that Global Debenture, unless the Corporation and the Depository otherwise agree. Provided the Corporation has made the payment of amounts due on maturity of the Global Debentures to the Depository as contemplated herein, none of the Corporation, the Debenture Trustee or any agent of the Debenture Trustee for any Debenture will be liable or responsible to any person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or for maintaining, reviewing, or supervising any records relating to such beneficial interests.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of DebenturesAccount. Each such The Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date the Maturity Date for the Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 2.8 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the a Debenture, upon surrender of the such Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted or withheld as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11except as otherwise provided in this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trustee will establish and maintain with for the Debenture Trustee residual benefit of the REIT, a Maturity Debt Account for each series of Debentures. Each such Maturity Debt Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenture, the Corporation REIT will deposit in the applicable Maturity Debt Account in US dollars by an electronic funds transfer an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity dateDebentures. The Debenture Trustee shall disburse such maturity payments only upon receipt of the required funds. The Trustee, on behalf of the CorporationREIT, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureDebenture (less any taxes required to be withheld), upon surrender of the Debenture at the Designated Office and shall remit to the proper tax authorities within the period of time prescribed for this purpose under Applicable Law any branch of the Debenture Trustee designated for such purpose from time taxes required to time by the Corporation and the Debenture Trusteebe withheld therefrom. The delivery deposit or making available of such funds to the Debenture Trustee for deposit amounts to the applicable Maturity Debt Account will satisfy and discharge the liability of the Corporation REIT for the Debentures to which the delivery deposit or making available of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authority) deposited or made available and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited or made available the amount to which such holder it is entitledentitled (less any taxes required to be withheld).
Appears in 1 contract
Samples: Trust Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall must be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. a.m., (Toronto Montréal time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver by wire transfer to the Debenture Trustee for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity date2.13. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Additional Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Friday Night will establish and maintain with the Debenture Trustee a Maturity Account maturity account for each series of the Debentures. Each such Maturity Account maturity account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, Friday Night will deliver to the Corporation will Debenture Trustee a certified cheque or wire transfer (or otherwise provide immediately available funds) for deposit in the applicable Maturity Account maturity account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest and premium (if any) thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationFriday Night, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Friday Night and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account maturity account will satisfy and discharge the liability of the Corporation Friday Night for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Trust Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 2.12 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the not less than one Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheldthereon), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection therewith. Other than as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures, the Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.
Appears in 1 contract
Samples: Indenture (Organigram Holdings Inc.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Company will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Company will deliver to the Debenture Trustee funds for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be withheld or deducted or withheldtherefrom), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CorporationCompany, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureDebenture (less any tax required to be withheld or deducted therefrom), upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax withheld or deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Payment of funds to the Debenture Trustee upon maturity of the Debentures shall be made by electronic transfer or pursuant to such other arrangements for the provision of funds as may be agreeable between the Company and the Debenture Trustee in order to effect such maturity payment hereunder. The Debenture Trustee shall disburse such maturity payments only upon receiving, at least one Business Day prior to each Maturity Date, funds in an amount sufficient for the maturity payment. Notwithstanding the foregoing, all payments in excess of $25 million in Canadian dollars (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the Large Value Transfer System (“LVTS”). The Debenture Trustee shall have no obligation to disburse funds pursuant to this Section 2.13 until it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable on the applicable Maturity Date. The Debenture Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.
Appears in 1 contract
Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11the Notes, payments of amounts due upon maturity of the Debentures Notes will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debenturesthe Notes. Each such The Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 10:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenturethe Maturity Date, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures the Notes (including the principal amount together with any accrued and unpaid interest thereon less which shall include any tax required by law to be deducted or withheld). From the sums so deposited, provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the DebentureNote (less applicable withholding tax), upon surrender of the Debenture Note at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures Notes to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures Notes will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. The Corporation shall also deposit with the Trustee a sum of money sufficient to pay any fees, charges and expenses which may be due to the Trustee and the U.S. Trustee and incurred by the Trustee in connection with the payment to holders entitled to receive payment as set forth in this Section 2.10.
Appears in 1 contract
Samples: Indenture (Terrace Energy Corp)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11herein, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. p.m. (Toronto Calgary time) on the Business Day immediately prior to each maturity date the Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld)) plus an amount equal to 10% of the principal amount then owing, provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date2.9. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited or made available the amount to which such holder is entitled.
Appears in 1 contract
Payments of Amounts Due on Maturity. Except as may otherwise (1) On the Maturity Date, the Corporation will pay or cause to be provided herein or in any supplemental indenture in respect paid to the Debentureholders the outstanding principal amount of any series of Debentures the Debentures, together with all accrued and subject to Section 4.11, payments unpaid interest.
(2) Payments of amounts due upon maturity of the Debentures will be made in the following manner. :
(a) The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such The Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. .
(b) On or before 11:00 a.m. (Toronto Eastern time) on the not less than one Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenturethe Maturity Date, the Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheldthereon), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium .
(if anyc) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation, all the funds due and payable on the Debentures.
(d) The Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of, premium on, if any, and accrued and unpaid interest on the Debentures, upon surrender of the Debentures at any branch of the Trustee designated for such purpose from time to time by the Corporation and the Trustee.
Appears in 1 contract
Samples: Indenture (HEXO Corp.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11except as otherwise provided in this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trustee will establish and maintain with for the Debenture Trustee residual benefit of the Corporation, a Maturity Debt Account for each series of Debentures. Each such Maturity Debt Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) time on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenture, the Corporation will deposit in the applicable Maturity Debt Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures Debentures, (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), deducted) provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity date or the Corporation may satisfy this requirement by an electronic funds transfer of such sums of money on the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, Corporation will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture TrusteeDesignated Office. The delivery deposit or making available of such funds to the Debenture Trustee for deposit amounts to the applicable Maturity Debt Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery deposit or making available of funds relates to the extent of the amount delivered deposited or made available (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited or made available the amount to which such holder it is entitled. Any paying agent with respect to the Debentures shall hold in trust for the benefit of the Debentureholders or the Trustee all sums held by such paying agent for the payment of principal of the Debentures, and shall give to the Trustee notice of any default by any obligor upon the Debentures in the making of any such payment.
Appears in 1 contract
Samples: Trust Indenture (MDC Partners Inc)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. :
(1) The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On .
(2) The Corporation shall deposit with the Trustee on or before 11:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each maturity date for Debentures outstanding from time to time under this Indenture, the Corporation will deposit in the applicable Maturity Account in US dollars an amount Date such sums of money as may be sufficient to pay all the cash amount payable in respect of such Debentures principal, premium (including the principal amount together with any if any), and accrued and unpaid interest thereon up to but excluding the Maturity Date (less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a wire for such amounts required under this Section 2.13 post-dated to the applicable maturity date2.14. The Debenture Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection therewith. Every such deposit shall be irrevocable.
(3) The Trustee, on behalf of the Corporation, will pay to each holder Debentureholder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted or withheld as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
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Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.11Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 10:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee by wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
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Samples: Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.114.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. a.m., (Toronto Calgary time) on the Business Day immediately prior to each maturity date Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Trust will deliver to the Debenture Trustee a cheque for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation Trust may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity dateMaturity Date. The Debenture Trustee, on behalf of the CorporationTrust, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture, upon surrender of the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Corporation Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid and remitted to the appropriate governmental authorityaforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so deposited delivered or made available the amount to which such holder it is entitled.
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