Payments of Amounts Due on Maturity. Except as may otherwise be provided in any supplemental indenture in respect of any series of Debentures and except as otherwise provided in this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Trustee will establish and maintain for the residual benefit of the Issuer, a Debt Account for each series of Debentures. Each such Debt Account shall be maintained by and be subject to the control of the 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 Issuer will deposit in the applicable Debt Account an amount sufficient to pay the 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) provided the Issuer may elect to satisfy this requirement by providing the Trustee with a certified cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity date or the Issuer may satisfy this requirement by an electronic funds transfer of such sums of money on the applicable maturity date. The Trustee, on behalf of the Issuer will pay to each Debentureholder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture (less any tax required to be deducted on the maturity date), upon surrender of the Debenture at the Designated Office. The deposit or making available of such amounts to the applicable Debt Account will satisfy and discharge the liability of the Issuer for the Debentures to which the deposit or making available of funds relates to the extent of the amount deposited or made available (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such Debentureholder 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 it is entitled.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and except as otherwise provided in this Indenturesubject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Trustee Company will establish and maintain for with the residual benefit of the Issuer, Trustee a Debt Maturity Account for each series of Debentures. Each such Debt Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m., a.m. (Toronto time 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 Issuer Company will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Debt Maturity Account in 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) provided the Issuer may elect to satisfy this requirement by providing the Trustee with a certified cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity date or the Issuer may satisfy this requirement by an electronic funds transfer of such sums of money on the applicable maturity date). The Trustee, on behalf of the Issuer Company, will pay to each Debentureholder 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 to be deducted on the maturity date)a Debenture, upon surrender of the such Debenture at the Designated Officemain branch of the Trustee in Toronto, Ontario and any other branch of the Trustee designated for such purpose from time to time by the Company and the Trustee. The deposit or making available delivery of such amounts funds to the Trustee for deposit to the applicable Debt Maturity Account will satisfy and discharge the liability of the Issuer Company for the Debentures to which the deposit or making available delivery of funds relates to the extent of the amount deposited or made available delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such Debentureholder 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 it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
Payments of Amounts Due on Maturity. Except as may otherwise be provided in any supplemental indenture in respect of any series of Debentures and except as otherwise provided in this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Trustee will establish and maintain for the residual benefit of the IssuerTrust, a Debt Account for each series of Debentures. Each such Debt Account shall be maintained by and be subject to the control of the 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 Issuer Trust will deposit in the applicable Debt Account an amount sufficient to pay the 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) provided the Issuer Trust may elect to satisfy this requirement by providing the Trustee with a certified cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity date or the Issuer Trust may satisfy this requirement by an electronic funds transfer of such sums of money on the applicable maturity date. The Trustee, on behalf of the Issuer Trust will pay to each Debentureholder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on the Debenture (less any tax required to be deducted on the maturity date), upon surrender of the Debenture at the Designated Office. The deposit or making available of such amounts to the applicable Debt Account will satisfy and discharge the liability of the Issuer Trust for the Debentures to which the deposit or making available of funds relates to the extent of the amount deposited or made available (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such Debentureholder 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 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 except as otherwise provided in this Indenturethe Note, payments of amounts due upon maturity of the Debentures Note will be made in the following manner. The Trustee Corporation will establish and maintain with the Note Trustee an account for the residual benefit of the Issuer, a Debt Account for each series of DebenturesNote. Each such Debt Account account shall be maintained by and be subject to the control of the Note Trustee for the purposes of this Indenture. On or before 11:00 a.m., a.m. (Toronto time time) on the Business Day immediately prior to each maturity date for Debentures the Note outstanding from time to time under this Indenture, the Issuer Corporation will deposit in the applicable Debt Account account in Canadian dollars an amount sufficient to pay the cash amount payable in respect of such Debentures, the Note (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted) deducted or withheld), provided the Issuer Corporation may elect to satisfy this requirement by providing the Note Trustee with a one or more certified cheque cheques by no later than five (5) Business Days prior to the applicable maturity date or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated 2.9 to the applicable maturity date or the Issuer may satisfy this requirement by an electronic funds transfer of such sums of money on the applicable maturity date. The Note Trustee, on behalf of the Issuer Corporation, will pay to each Debentureholder 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 to be deducted on the maturity date)Note, upon surrender of the Debenture Note at any branch of the Designated OfficeNote Trustee designated for such purpose from time to time by the Corporation and the Note Trustee. The deposit or making available delivery of such amounts funds to the applicable Debt Account Note Trustee for deposit to the account will satisfy and discharge the liability of the Issuer Corporation for the Debentures Note to which the deposit or making available delivery of funds relates to the extent of the amount deposited or made available delivered (plus the amount of any tax deducted as aforesaidaforesaid and remitted to the appropriate governmental authority) and such Debentures the Note will thereafter to that extent not be considered as outstanding under this Indenture and such Debentureholder 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 it such holder is entitled.
Appears in 1 contract