Common use of Protection of Trustee Clause in Contracts

Protection of Trustee. Subject to Section 15.3, the Trustee: (a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Shares or of any shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; (c) shall not be responsible for any failure of the Corporation to make any cash payment or to issue, transfer or deliver Shares upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this Article; and (d) shall be entitled to act and rely on, and shall not be required to verify, any adjustment calculation of the Corporation, the directors or the Auditor.

Appears in 1 contract

Samples: Indenture (Kirkland Lake Gold Ltd.)

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Protection of Trustee. Subject to Section 15.314.3, the Trustee: (a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; (c) shall not be responsible for any failure of the Corporation to make any cash payment or to issue, transfer or deliver Common Shares or share certificates upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this ArticleArticle 6; and (d) shall be entitled to act and rely on, and shall not be required to verify, on any adjustment calculation of the Corporation, the directors or the Auditor.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Protection of Trustee. Subject to Section 15.3, the Trustee: (a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Issuer Shares or of any shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; (c) shall not be responsible for any failure of the Corporation Issuer to make any cash payment or to issue, transfer or deliver Shares Issuer Shares, share certificates upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this Article; and (d) shall be entitled to act and rely on, and shall not be required to verify, any on the adjustment calculation of the CorporationIssuer, the directors Auditors of the Issuer or investment dealer selected by the AuditorIssuer.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power & Utilities Corp.)

Protection of Trustee. Subject to Section 15.316.3, the Trustee: (a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Issuer Shares or of any shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; (c) shall not be responsible for any failure of the Corporation Issuer to make any cash payment or to issue, transfer or deliver Shares Issuer Shares, share certificates upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this Article; and (d) shall be entitled to act and rely on, and shall not be required to verify, any on the adjustment calculation of the CorporationIssuer, the directors Auditors of the Issuer or investment dealer selected by the AuditorIssuer.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power & Utilities Corp.)

Protection of Trustee. Subject to Section 15.316.3, the Trustee: (a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Shares Trust Units or of any units, shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; (c) shall not be responsible for any failure of the Corporation REIT to make any cash payment or to issue, transfer or deliver Shares Trust Units upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this Article; and (d) shall be entitled to act and rely on, and shall not be required to verify, on any adjustment calculation of the CorporationREIT, the directors trustees or the AuditorAuditors of the REIT.

Appears in 1 contract

Samples: Trust Indenture

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Protection of Trustee. Subject to Section 15.3, the Trustee: (a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; (c) shall not be responsible for any failure of the Corporation to make any cash payment or to issue, transfer or deliver Common Shares or share certificates upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this ArticleARTICLE VI; and (d) shall be entitled to act and rely on, and shall not be required to verify, on any adjustment calculation of the Corporation, the directors or the Auditor.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Brigus Gold Corp.)

Protection of Trustee. Subject to Section 15.3, the Trustee: (a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same; (b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; (c) shall not be responsible for any failure of the Corporation to make any cash payment or to issue, transfer or deliver Common Shares or share certificates upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this Article; andArticle 5; (d) shall be entitled to act and rely on, and shall not be required to verify, on any adjustment calculation of the Corporation; and (e) shall have no responsibility whatsoever to devise or provide, confirm, verify or otherwise oversee any of the directors calculations effected by the Corporation or the Auditorany other Person under this Article 5.

Appears in 1 contract

Samples: Convertible Debenture Indenture

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