Common use of Persons Entitled to Payment Clause in Contracts

Persons Entitled to Payment. (1) The Issuer Trustee, the Indenture Trustee, and the Administrative Agent may deem and treat the bearer of any Note payable to bearer as the absolute owner of such Note and shall not be affected by any notice to the contrary. (2) With respect to Notes in registered form, the Person in whose name the same shall be registered shall be deemed and treated as the absolute owner thereof for all purposes of this Indenture and payment of or on account of the principal and interest and premium, if any, on such Notes shall be made only to or upon the order in writing of the registered holder thereof free from all equities or rights of set off or counterclaim between the Trust and the original or any intermediate holder thereof, and all persons may act accordingly. None of the Indenture Trustee, the Trust or the Administrative Agent shall be affected by any notice to the contrary. (3) Delivery of a Note to the Indenture Trustee by the Noteholder shall, upon payment thereof, be a good discharge to the Trust of all obligations evidenced by such Note. The Indenture Trustee shall not be bound to inquire into the title of any such holder, except as ordered by a court of competent jurisdiction or as required by statute, nor shall it be bound to see to the execution of any trust affecting the ownership of any such Note or be affected by notice of any equity that may be subsisting in respect thereof. (4) In the case of the death of one or more joint registered holders, the principal of, and interest and premium, if any, on a Note may be paid to the survivor or survivors of such registered holders whose receipt thereof, accompanied by the delivery of such Note, shall constitute a valid discharge to the Indenture Trustee and the Trust. (5) Any payment of principal, interest or premium on any Note which is due on a day other than a Business Day shall be payable on the next succeeding Business Day without adjustment for interest thereon and such payment shall be deemed to have been made with the same force and effect as if made on the due date.

Persons Entitled to Payment. (1) The Issuer Trustee2.9.1 Prior to due presentment for registration of transfer of any Debenture, the Company, the Indenture TrusteeTrustee and any other Person, and as the Administrative Agent case may deem and be, may treat the bearer Person, as the case may be, in whose name any Debenture is registered in the applicable register (including in the case of any Note payable to bearer a Global Debenture, the Depository or the nominee of such Depository in whose name such Global Debenture is registered) as the absolute and sole owner of such Note Debenture for all purposes including receiving payment of the principal of, and any premium, if any, interest or other amount on such Debenture, receiving any notice to be given to the Holder of such Debenture, and (unless the Company shall provide to the Indenture Trustee a written notice that Applicable Law or the rules of a Recognized Stock Exchange require otherwise, on which the Indenture Trustee may rely without investigation, and shall in no way be liable to the Holders or any other Person in so relying) effecting any Act of Holders with respect to such Debenture, whether or not any payment with respect to such Debenture shall be overdue, and none of the Company, the Indenture Trustee or any other Person, as the case may be, shall be affected by any notice to the contrary. (2) With respect to Notes in registered form, the Person in whose name the same shall be registered shall be deemed and treated as the absolute owner thereof for all purposes of this Indenture and payment of or on account of the principal and interest and premium, if any, on such Notes shall be made only to or upon the order in writing of the registered holder thereof free from all equities or rights of set off or counterclaim between the Trust and the original or any intermediate holder thereof, and all persons may act accordingly. None of the Indenture Trustee, the Trust or the Administrative Agent shall be affected by any notice to the contrary. (3) 2.9.2 Delivery of a Note Debenture to the Indenture Trustee by or on behalf of the Noteholder Holder thereof shall, upon payment thereofof such Debenture, be a good valid discharge to the Trust Company of all obligations evidenced by such NoteDebenture. The None of the Company, the Indenture Trustee or any other Person shall not be bound to inquire into the title of any such holder, except as ordered by a court of competent jurisdiction or as required by statute, nor shall it be bound to see to the execution of any trust affecting the ownership of any such Note or be affected by notice of any equity that may be subsisting in respect thereofHolder. (4) 2.9.3 In the case of the death of one or more joint registered holdersHolders of a Debenture, the principal of, and interest and premium, if any, interest and any other amounts on a Note such Debenture may be paid to the survivor or survivors of such registered holders Holders whose receipt thereofof such payment, accompanied by the delivery of such NoteDebenture, shall constitute a valid discharge to the Company and the Indenture Trustee and the Trustof all of their respective obligations evidenced by such Debenture. (5) Any payment of principal, interest or premium on any Note which is due on a day other than a Business Day shall be payable on the next succeeding Business Day without adjustment for interest thereon and such payment shall be deemed to have been made with the same force and effect as if made on the due date.

Persons Entitled to Payment. (1) 2.8 The Issuer Trustee, the Indenture Trustee, and the Administrative Agent may deem and treat the bearer of any Note payable to bearer as the absolute owner of such Note and shall not be affected by any notice to the contrary. (2) With respect to Notes in registered form, the Person person in whose name the same any Debenture shall be registered shall be deemed and treated regarded as the absolute owner thereof for all purposes of this Indenture indenture and payment of or on account of the principal and interest and premium, if any, on such Notes Debenture shall be made only to or upon the order in writing of the registered such holder thereof and such payment shall be a good and sufficient discharge to the Trustee and any registrar and to the Corporation and any paying agent for the amounts so paid. As interest on Debentures accrues (except interest payable at maturity or on redemption which may be paid upon presentation and surrender of such Debentures for payment), the Corporation either directly through the Trustee or an agent of the Trustee, at least three days prior to each date on which interest on such Debentures becomes due, shall forward or cause to be forwarded by prepaid post, to the holder for the time being, at his address appearing on the register hereinbefore mentioned, or in the case of joint holders, to the one whose name appears first on such register, a cheque for such interest (less any tax required by law to be deducted) payable to the order of such holder or holders and negotiable at par at each of the places at which interest upon such Debentures is expressed to be payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Debentures to the extent of the sum or sums represented thereby (plus the amount of any tax deducted as aforesaid) unless such cheque be not paid on presentation; provided that in the event of the non-receipt of such cheque by the holder, or the loss or destruction thereof, the Corporation, upon being furnished with reasonable evidence of such non-receipt, loss or destruction and indemnity reasonably satisfactory to it, shall issue to such holder a replacement cheque. The holder for the time being of any Debenture shall be entitled to the principal monies and interest evidenced by such Debenture, free from all equities or rights of set set-off or counterclaim between the Trust Corporation and the original or any intermediate holder thereof, and all persons may act accordingly. None accordingly and a transferee of a Debenture shall, after an appropriate form of transfer is lodged with the Trustee or other registrar and upon compliance with all other conditions in that behalf required by this indenture or by any conditions contained in such Debenture or by law, including Securities Laws, be entitled to be entered on any of the Indenture Trusteeappropriate registers as the owner of such Debenture free from all equities or rights of set-off or counterclaim between the Corporation and his transferor or any previous holder thereof, save in respect of equities of which the Trust Corporation is required to take notice by statute or by order of a court of competent jurisdiction. Delivery to the Corporation by a Debentureholder of a Debenture or the Administrative Agent receipt of such holder for the principal monies and interest evidenced by such Debenture, respectively, shall be affected by any notice to the contrary. (3) Delivery of a Note to the Indenture Trustee by the Noteholder shall, upon payment thereof, be a good and sufficient discharge to the Trust of all obligations evidenced by such Note. The Indenture Trustee Corporation, which shall not be bound to inquire enquire into the title of any such holder, except save as ordered by a court of competent jurisdiction or as required by statute. Neither the Corporation, the Trustee nor any registrar shall it be bound to see to the execution of any trust affecting the ownership of any such Note or Debenture nor be affected by notice of any equity that may be subsisting in respect thereof. (4) In the case of the death of one or more joint registered holders, the principal of, and interest and premium, if any, on a Note may be paid to the survivor or survivors of such registered holders whose receipt thereof, accompanied by the delivery of such Note, shall constitute a valid discharge to the Indenture Trustee and the Trust. (5) Any payment of principal, interest or premium on any Note which is due on a day other than a Business Day shall be payable on the next succeeding Business Day without adjustment for interest thereon and such payment shall be deemed to have been made with the same force and effect as if made on the due date.

Persons Entitled to Payment. (1a) The Issuer Trustee, the Indenture Trustee, Corporation and the Administrative Agent may Trustee will deem and treat the bearer of any Note payable to bearer as the absolute owner of such Note and shall not be affected by any notice to the contrary. (2) With respect to Notes in registered form, the Person in whose name the same shall be any Convertible Note is registered shall be deemed and treated as the absolute owner thereof for all purposes of this Indenture and payment of or on account of the principal and or interest and premium, if any, on such Notes Convertible Note shall be made only to or upon to the order in writing of the registered holder thereof free from all equities or rights of set off or counterclaim between the Trust and the original or any intermediate holder thereofsuch holder, and all persons may act accordingly. None of neither the Indenture Trustee, Corporation nor the Trust or the Administrative Agent Trustee shall be affected by any notice to the contrary. (3) Delivery of a Note to the Indenture Trustee by the Noteholder shall, upon payment thereof, be a good discharge to the Trust of all obligations evidenced by such Note. The Indenture Trustee shall not be bound to inquire into the title of any such holder, except as ordered where the Corporation or the Trustee is required to take notice by statutes or by order of a court of competent jurisdiction or as required by statutejurisdiction, nor and such payment shall it be bound to see a good and sufficient discharge to the execution of any trust affecting Corporation and the ownership of any such Note or be affected by notice of any equity that may be subsisting in respect thereofTrustee for all amounts so paid. (4b) The holder for the time being of any Convertible Note shall be entitled to the principal and interest evidenced by such Convertible Note, free from all equities or rights of set-off or counterclaim, between the Corporation and the original or any intermediate holder thereof and all Persons may act accordingly, and a transferee of a Convertible Note shall, after the appropriate form of transfer is lodged with the Trustee and upon compliance with all other conditions in that behalf required by this Indenture or by any conditions contained in such Convertible Note, be entitled to the principal and interest evidenced by such Convertible Note free from all equities or rights of set-off or counterclaim between the Corporation and his or her transferor or any previous holder thereof, save in respect of equities of which the Corporation is required to take notice by statute or by order of a court of competent jurisdiction. (c) In the case of the death of one or more joint registered holders, the principal of, and or interest and premium, if any, on a any Convertible Note registered in their names may be paid to the survivor or survivors of such registered holders whose receipt thereof, accompanied by the delivery of such Note, therefor shall constitute a valid discharge to the Indenture Trustee Corporation and the TrustTrustee. (5) Any payment of principal, interest or premium on any Note which is due on a day other than a Business Day shall be payable on the next succeeding Business Day without adjustment for interest thereon and such payment shall be deemed to have been made with the same force and effect as if made on the due date.

Persons Entitled to Payment. (1) The Issuer Trustee, the Indenture Trustee, and the Administrative Agent may deem and treat the bearer of any Note payable to bearer as the absolute owner of such Note and shall not be affected by any notice to the contrary. (2) With respect to Notes in registered form, the Person person in whose name the same any Debenture shall be registered shall be deemed and treated regarded as the absolute owner thereof for all purposes of this Indenture and payment of or on account of the principal and interest and premium, if any, on amount of such Notes Debenture shall be made only to or upon the order in writing of such holder thereof. Such payment shall be a good and sufficient discharge to the registered Trustee and any registrar and to the Corporation and any paying agent for the amounts so paid. The holder thereof for the time being of any Debenture shall be entitled to the principal monies, free from all equities or and rights of set set-off or counterclaim counter claim between the Trust Corporation and the original or any intermediate holder thereof, and all persons may act accordingly. None A transferee of a Debenture shall, after an appropriate form of transfer is lodged with the Trustee or other registrar and upon compliance with all other conditions in that behalf required by this Indenture or by any conditions contained in such Debenture or by law, be entitled to be entered on any of the Indenture Trusteeappropriate registers as the owner of such Debenture free from all equities and rights of set-off or counterclaim between the Corporation and his transferor or any previous holder thereof, save in respect of equities of which the Trust Corporation is required to take notice by statute or by order of a court of competent jurisdiction. Delivery to the Trustee by a Debentureholder of a Debenture or the Administrative Agent receipt of such holder for the principal monies shall be affected by any notice to the contrary. (3) Delivery of a Note to the Indenture Trustee by the Noteholder shall, upon payment thereof, be a good and sufficient discharge to the Trust of all Corporation (subject to any outstanding obligations evidenced owing by such Note. The Indenture Trustee the Corporation to any Debentureholder pursuant to Articles 3, 4, 5, 6, 7 and 8 herein), which shall not be bound to inquire enquire into the title of any such holder, except save as ordered by a some court of competent jurisdiction or as required by statute. Neither the Corporation, the Trustee nor any registrar shall it be charged with notice of or be bound to see to the execution of any trust affecting the ownership trust, whether express, implied or constructive, in respect of any such Note or Debenture nor be affected by notice of any equity that may be subsisting in respect thereof. . Where Debentures are registered in more than one name the principal monies may be paid by cheque payable to the order of all such holders, failing written instruction from them to the contrary, and such payment shall be a good and sufficient discharge to the Trustee and any registrar and to the Corporation (subject to any outstanding obligations owing by the Corporation to any Debentureholder pursuant to Articles 3, 4, 5, 6, 7 and 8 herein) and any paying agent. In the case of the death of one or more joint registered holders, the principal of, and interest and premium, if any, on a Note monies may be paid to the survivor or survivors of such registered holders whose receipt thereof, accompanied by the delivery of such Note, therefor shall constitute a valid good and sufficient discharge to the Indenture Trustee and any registrar and to the TrustCorporation and paying agent. (5) Any payment of principal, interest or premium on any Note which is due on a day other than a Business Day shall be payable on the next succeeding Business Day without adjustment for interest thereon and such payment shall be deemed to have been made with the same force and effect as if made on the due date.

Persons Entitled to Payment. (1) The Issuer Trustee, the Indenture Trustee, Corporation and the Administrative Agent Trustee may deem and treat the bearer registered holder of any Note payable to bearer Debenture Certificate as the absolute owner of such Note the Debenture represented thereby for all purposes and the Corporation and the Trustee shall not be affected by any notice or knowledge to the contrary. (2) With respect contrary except where the Corporation or the Trustee is required to Notes in registered form, the Person in whose name the same take notice by statute or by order of a court of competent jurisdiction. A Debentureholder shall be registered shall be deemed and treated as entitled to the absolute owner thereof for all purposes of this Indenture and payment of or on account of the principal and interest and premium, if any, on rights evidenced by such Notes shall be made only to or upon the order in writing of the registered holder thereof Debenture free from all equities or rights of set set-off or counterclaim between the Trust Corporation and the original or any intermediate holder thereof, thereof and all persons may act accordingly. None of accordingly and neither the Indenture Trustee, Corporation nor the Trust or the Administrative Agent shall be affected by any notice to the contrary. (3) Delivery of a Note to the Indenture Trustee by the Noteholder shall, upon payment thereof, be a good discharge to the Trust of all obligations evidenced by such Note. The Indenture Trustee shall not be bound to inquire into the title of any such holder, holder except as ordered where the Corporation or the Trustee is required to take notice by statute or by order of a court of competent jurisdiction jurisdiction. (2) Payment of or as on account of the principal of a Debenture shall be made only to the person in whose name such Debenture is registered and such payment shall be a good and sufficient discharge to the Trustee and any registrar and to the Corporation and any paying agent for the amounts so paid. (3) As the interest on the Debentures becomes due (except interest payable at maturity or on redemption which may be paid upon presentation and surrender of such Debentures for payment), the Corporation, at least three Business Days prior to each date on which interest on such Debentures becomes due, shall forward or cause to be forwarded by prepaid post, to each holder for the time being at his address appearing on a register of holders hereinbefore mentioned, or in the case of joint holders to the one whose name appears first on such register, a cheque for such interest (less any tax required by statutelaw to be deducted including, nor without limitation, applicable withholding tax with respect to payments as, on account or in lieu of payment of, or in satisfaction of, interest on the Debentures to holders thereof who are not or are deemed not resident in Canada for the purposes of the Income Tax Act (Canada)) payable to such holder or holders and negotiable at par at each of the places at which interest upon such Debentures is expressed to be payable. The forwarding of such cheque shall it be bound to see satisfy and discharge the liability for the interest on such Debentures to the execution extent of the sums represented thereby (plus any amount of any trust affecting tax deducted as aforesaid) unless such cheque is not paid on presentation; provided that in the ownership event of any the non-receipt of such Note cheque by the holder, or be affected by notice the loss or destruction thereof, the Corporation, upon being furnished with reasonable evidence of any equity that may be subsisting in respect thereofsuch non-receipt, loss or destruction and indemnity reasonably satisfactory to it, shall issue to such holder a replacement cheque for the amount of such cheque. (4) Where Debentures are registered in more than one name, the principal monies and interest from time to time payable in respect thereof may be paid by cheque payable to all such holders and such payment shall be a valid discharge to the Trustee, any other registrar, the Corporation and any paying agent. (5) In the case of the death of one or more joint registered holders, the principal of, monies and interest and premium, if any, on a Note any Debentures may be paid to the survivor or survivors of such registered holders whose receipt thereof, accompanied by the delivery of such Note, therefor shall constitute a valid discharge to the Indenture Trustee and any registrar and to the TrustCorporation and any paying agent. (56) Any payment Except as is otherwise provided herein, the principal amount of principal, the Debentures and interest or premium on any Note which is due on a day other than a Business Day thereon shall be payable in lawful money of Canada at any branch in Canada of The Bank of Nova Scotia (or such other financial institutions as the Corporation may designate in writing to the Trustee) from time to time at the option of the respective holders thereof. (7) Except as is herein otherwise provided, all sums which may at any time become payable, whether at maturity or on the next succeeding Business Day without adjustment for redemption or otherwise, on account of any Debenture or any interest thereon and such payment shall be deemed to have been made with payable at the same force option of the holder at any of the places at which the principal of and effect as if made interest on the due datesuch Debenture are payable.

Persons Entitled to Payment. (1) The Issuer Trustee, the Indenture Trustee, the NIP Agent and the Administrative Agent may deem and treat the bearer of any Note payable to bearer as the absolute owner of such Note and shall not be affected by any notice to the contrary. (2) With respect The registered holder of any Note registered to Notes a named payee or the transferee thereof, if such Note has been transferred in registered accordance with the provisions of Section 2.06, and any holder of a Note in bearer form, the Person in whose name the same shall upon presentation of such Note be registered shall be deemed and treated as the absolute owner thereof for all purposes of this Indenture and payment of or on account of entitled to the principal moneys and interest and premiuminterest, if any, on evidenced by such Notes shall be made only to or upon the order in writing of the registered holder thereof Note, free from all equities or rights of set set- off or counterclaim between the Trust and the original or any intermediate holder thereof, and all persons Persons may act accordingly. None of the Indenture Trustee, the Trust or the Administrative Agent shall be affected by any notice to the contrary. (3) Delivery of a Note to the Indenture Trustee NIP Agent by the Noteholder holder of such Note shall, upon payment thereofof all amounts outstanding thereon, be a good discharge to the Trust of all obligations evidenced by such Note. The Indenture Trustee NIP Agent shall not be bound to inquire enquire into the title of any such holder, except save as ordered by a court of competent jurisdiction or as required by statute, nor shall it be bound to see to the execution of any trust affecting the ownership of any such Note or be affected by notice of any equity that may be subsisting in respect thereof. (4) In the case of the death of one or more joint registered holdersowners, the principal of, money of and interest and premiuminterest, if any, on a Note may be paid to the survivor or survivors of such registered holders whose receipt thereof, accompanied by the delivery of such Note, shall constitute a valid discharge to the Indenture Trustee Trust and the TrustNIP Agent. (5) Any payment of principal, principal or interest or premium on any Note which is due on a day other than a Business Day shall be payable on the next succeeding Business Day without adjustment for interest thereon and such payment shall be deemed to have been made with the same force and effect as if made on the due date.