Performance of Covenants by Subscription Receipt Agent. If the Corporation fails to perform any of 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 of such failure or may itself perform any of such obligations capable of being performed by the 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 amounts expended or advanced by the Subscription Receipt Agent in so doing will be repayable as provided in Section 5.2 hereof. No such performance, expenditure or advance by the Subscription Receipt Agent will relieve the Corporation of any default or of its continuing obligations hereunder.
Appears in 2 contracts
Samples: Subscription Receipt Agreement (Integra Resources Corp.), Subscription Receipt Agreement (Integra Resources Corp.)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails Company shall fail to perform any of the obligations thereof under its respective covenants contained in 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 holders of such failure on the part of the Company or may itself perform any of such obligations the covenants capable of being performed by the Subscription Receipt Agent, it but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders holders of such performance or non-performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation Company of any default hereunder or of its continuing obligations hereunderunder the covenants herein contained.
Appears in 2 contracts
Samples: Subscription Receipt Agreement (Adira Energy Ltd.), Subscription Receipt Agreement
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders and the Lead Underwriter on behalf of the Underwriters of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 2 contracts
Samples: Subscription Receipt Agreement (Gran Tierra Energy Inc.), Subscription Receipt Agreement (Gran Tierra Energy Inc.)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 2 contracts
Samples: Subscription Receipt Agreement (Bellatrix Exploration Ltd.), Subscription Receipt Agreement (Manulife Financial Corp)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 noticeAgreement, the Subscription Receipt Agent may notify the Subscription Receiptholders of such failure on the part of the Corporation or may itself perform any of such obligations the covenants capable of being performed by the Subscription Receipt Agent, 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 amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants herein contained.
Appears in 1 contract
Samples: Subscription Receipt Agreement (Postmedia Network Canada Corp.)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails Trust shall fail to perform any of the obligations thereof under its covenants contained in 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 the Trust or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation Trust of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement (Harvest Energy Trust)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 Cormark, on behalf of the Underwriters, of such failure on the part of the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders or Cormark of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof6.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement (Americas Gold & Silver Corp)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 Co-Lead Underwriters, on behalf of the Underwriters, of such failure on the part of the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders and the Co-Lead Underwriters on behalf of the Underwriters of such performance by it. All amounts sums reasonably expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof6.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 noticeAgreement, the Subscription Receipt Agent may notify the Subscription Receiptholders of such failure on the part of the Corporation or may itself perform any of such obligations the covenants capable of being performed by the Subscription Receipt Agent, 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 amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof4.7. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants herein contained.
Appears in 1 contract
Samples: Subscription Receipt Agreement
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 Joint Bookrunners, on behalf of the Underwriters, of such failure on the part of the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 Underwriters, on behalf of the Underwriters, of such failure on the part of the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails Zarlink shall fail to perform any of the obligations thereof under its covenants contained in 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 such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation Zarlink of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement (Zarlink Semiconductor Inc)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 Underwriters, on behalf of the Underwriters, of such failure on the part of the Corporation or may itself perform any of such obligations covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said such covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement (Pembina Pipeline Corp)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails Trust shall fail to perform any of the obligations thereof under its covenants contained in 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 the Trust or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof6.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation Trust of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails Company shall fail to perform any of the obligations thereof under its covenants contained in 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 noticeAgreement, the Subscription Receipt Agent may notify the Subscription Receiptholders of such failure on the part of the Company or may itself perform any of such obligations the covenants capable of being performed by the Subscription Receipt Agent, 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 amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation Company of any default hereunder or of its continuing obligations hereunderunder the covenants herein contained.
Appears in 1 contract
Samples: Subscription Receipt Agreement (Response Biomedical Corp)
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 Joint Bookrunners, on behalf of the Underwriters, of such failure on the part of the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders and the Joint Bookrunners, on behalf of the Underwriters, of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof6.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement
Performance of Covenants by Subscription Receipt Agent. If the Corporation fails shall fail to perform any of the obligations thereof under its covenants contained in 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 Co-Lead Underwriters, on behalf of the Underwriters, of such failure on the part of the Corporation or may itself perform any of such obligations the said covenants capable of being performed by the Subscription Receipt Agentit, but shall be under no obligation to perform said covenants or to notify the Subscription Receiptholders of such performance by it. All amounts sums expended or advanced by the Subscription Receipt Agent in so doing will shall be repayable as provided in Section 5.2 hereof5.3. No such performance, expenditure or advance by the Subscription Receipt Agent will shall relieve the Corporation of any default hereunder or of its continuing obligations hereunderunder the covenants contained herein.
Appears in 1 contract
Samples: Subscription Receipt Agreement (Baytex Energy Corp.)