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

Performance of Covenants by Subscription Receipt Agent. If the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and Cormark, on behalf of the Underwriters, of such failure on the part of 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 Cormark 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 6.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: Subscription Receipt Agreement (Americas Gold & Silver Corp)

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Performance of Covenants by Subscription Receipt Agent. If 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 Cormark, on behalf of the Underwriters, of such failure on the part of 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 or Cormark 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 6.34.7. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve 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 the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and Cormarkthe Joint Bookrunners, on behalf of the Underwriters, of such failure on the part of 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 Cormark 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 6.35.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve 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 the Corporation Trust shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and Cormarkthe Lead Underwriter, on behalf of the Underwriters, of such failure on the part of the Corporation 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 or Cormark 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 6.35.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve the Corporation 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 the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and Cormarkthe Co-Lead Underwriters, on behalf of the Underwriters, of such failure on the part of 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 Cormark 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 6.35.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve 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 the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and CormarkXxxxxxx, on behalf of the UnderwritersAgents, of such failure on the part of 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 Cormark 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 6.35.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve the Corporation of any default hereunder or of its continuing obligations under the covenants contained herein.

Appears in 1 contract

Samples: www.otcmarkets.com

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Performance of Covenants by Subscription Receipt Agent. If the Corporation Trust shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and Cormarkthe Lead Underwriter, on behalf of the Underwriters, of such failure on the part of the Corporation 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 or Cormark 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 6.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve the Corporation 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 the Corporation shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and Cormarkthe Lead Underwriters, on behalf of the Underwriters, of such failure on the part of 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 Cormark 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 6.35.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve 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 the Corporation Zarlink shall fail to perform any of its covenants contained in this Agreement, the Subscription Receipt Agent may notify the Receiptholders and Cormarkthe Lead Underwriter, on behalf of the Underwriters, of such failure on the part of the Corporation 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 or Cormark 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 6.35.3. No such performance, expenditure or advance by the Subscription Receipt Agent shall relieve the Corporation 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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