Common use of Performance of Covenants by Subscription Receipt Agent Clause in Contracts

Performance of Covenants by Subscription Receipt Agent. If Zarlink shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Zarlink Semiconductor Inc)

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Performance of Covenants by Subscription Receipt Agent. If Zarlink the Trust shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink the Trust or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Trust of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Harvest Energy Trust)

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Company shall fail to perform any of its covenants contained in this Subscription Receipt Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead Underwriter, on behalf of the Underwriters, Subscription Receiptholder of such failure on the part of Zarlink the Company or may itself perform any of the said covenants capable of being performed by it, it but shall be under no obligation to perform said covenants or to notify the Receiptholders Subscription Receiptholder of such performance or non-performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Company of any default hereunder or of its continuing obligations under the covenants contained hereinherein contained.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Subscription Receipt Agreement, the Subscription Receipt Agent may notify the Subscription Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, it but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance or non-performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.34.7. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained hereinherein contained.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Co-Lead UnderwriterUnderwriters, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders and the Co-Lead Underwriters on behalf of the Underwriters of such performance by it. All sums reasonably expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.36.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink shall fail the Company fails to perform any of its covenants contained in obligations under this Agreement, the Subscription Receipt Agent may notify the Subscription Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink or may itself perform any of the said covenants such obligations capable of being performed by itthe Subscription Receipt Agent, and the Subscription Receipt Agent may notify the Subscription Receiptholders that it is so doing but shall will be under no obligation to perform said covenants such obligations or to notify the Receiptholders of such performance by itprovide notice thereof. All sums amounts expended or advanced by the Subscription Receipt Agent in so doing shall will be repayable as provided in Section 5.36.2. No such performance, expenditure or advance by the Subscription Receipt Agent shall will relieve Zarlink the Company of any default hereunder or of its continuing obligations under the covenants contained hereinhereunder.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Co-Lead UnderwriterUnderwriters, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Baytex Energy Corp.)

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead UnderwriterUnderwriters, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Transcanada Corp)

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead UnderwriterXxxxxxx, on behalf of the UnderwritersAgents, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: www.otcmarkets.com

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead UnderwriterJoint Bookrunners, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead UnderwriterUnderwriters, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said such covenants capable of being performed by it, but shall be under no obligation to perform said such covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Pembina Pipeline Corp)

Performance of Covenants by Subscription Receipt Agent. If Zarlink shall fail the Corporation fails to perform any of its covenants contained in the obligations thereof under this Agreement, then the Corporation will notify the Subscription Receipt Agent in writing of such failure and upon receipt by the Subscription Receipt Agent of such notice, the Subscription Receipt Agent may notify the Subscription Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink or may itself perform any of the said covenants such obligations capable of being performed by itthe Subscription Receipt Agent, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All sums amounts expended or advanced by the Subscription Receipt Agent in so doing shall will be repayable as provided in Section 5.35.2 hereof. No such performance, expenditure or advance by the Subscription Receipt Agent shall will relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained hereinhereunder.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Integra Resources Corp.)

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Performance of Covenants by Subscription Receipt Agent. If Zarlink the Company shall fail to perform any of its covenants contained in this Subscription Receipt Agreement, the Subscription Receipt Agent may notify the Subscription Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink the Company or may itself perform any of the said covenants capable of being performed by it, it but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance or non-performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Company of any default hereunder or of its continuing obligations under the covenants contained hereinherein contained.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Response Biomedical Corp)

Performance of Covenants by Subscription Receipt Agent. If Zarlink shall fail either the Corporation or Navasota fails to perform any of its covenants contained in the obligations thereof under this Agreement, the Subscription Receipt Agent may notify the Subscription Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink or may itself perform any of the said covenants such obligations capable of being performed by itthe Subscription Receipt Agent, but shall be under the Subscription Receipt Agent will have no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by itthat it is so doing. All sums amounts expended or advanced by the Subscription Receipt Agent in so doing shall will be repayable as provided in Section 5.35.4 hereof. No such performance, expenditure or advance by the Subscription Receipt Agent shall will relieve Zarlink the Corporation or Navasota of any default hereunder or of its continuing obligations under the covenants contained hereinhereunder.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Trust shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink the Trust or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.36.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Trust of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink shall fail the Corporation fails to perform any of its covenants contained in the obligations thereof under this Agreement, the Subscription Receipt Agent may notify the Flow-Through Unit Subscription Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink or may itself perform any of the said covenants such obligations capable of being performed by itthe Subscription Receipt Agent, but shall be under no obligation to perform said covenants or to and the Subscription Receipt Agent will notify the Flow-Through Unit Subscription Receiptholders of such performance by itthat it is so doing. All sums amounts expended or advanced by the Subscription Receipt Agent in so doing shall will be repayable as provided in Section 5.35.2 hereof. No such performance, expenditure or advance by the Subscription Receipt Agent shall will relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained hereinhereunder.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead UnderwriterJoint Bookrunners, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders and the Joint Bookrunners, on behalf of the Underwriters, of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.36.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Subscription Receipt Agreement, the Subscription Receipt Agent may notify the Subscription Receiptholders and the Lead Underwriter, on behalf of the Underwriters, of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, it but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance or non-performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained hereinherein contained.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Postmedia Network Canada Corp.)

Performance of Covenants by Subscription Receipt Agent. If Zarlink the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and the Lead Underwriter, on behalf of the Underwriters, Purchaser of such failure on the part of Zarlink the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Receiptholders or the Purchaser of such performance by it. All sums expended or advanced by the Subscription Receipt Agent in so doing shall be repayable as provided in Section 5.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve Zarlink the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Manulife Financial Corp)

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