Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes: (a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel; (b) setting forth adjustments in the application of Article 2; (c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group; (d) giving effect to any extraordinary resolution passed as provided in Article 6; (e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group; (f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof; (g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and (h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 8 contracts
Samples: Warrant Indenture (First Person Ltd.), Warrant Indenture (Mind Medicine (MindMed) Inc.), Warrant Indenture (Planet 13 Holdings Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to NEO and CSE approval (if required) and the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 8 contracts
Samples: Warrant Indenture (Columbia Care Inc.), Warrant Indenture (Columbia Care Inc.), Warrant Indenture (Columbia Care Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the CSE, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 7 contracts
Samples: Warrant Indenture, Warrant Indenture (Bunker Hill Mining Corp.), Warrant Indenture (Field Trip Health Ltd.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; andCounsel.
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced therebythereby .
Appears in 7 contracts
Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture (Jet Metal Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to CSE approval and to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 7 contracts
Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereofhereof and the TSX’s approval, and they shall, when so directed in accordance with the provisions hereofrequired hereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth or giving effect to adjustments in the application of Article 23;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 67;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(h) providing added protection or benefit to the Company or the Warrantholders (as a group); and
(hi) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or clerical omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 7 contracts
Samples: Warrant Indenture (Aurora Cannabis Inc), Warrant Indenture (Aurora Cannabis Inc), Warrant Indenture (Aurora Cannabis Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 6 contracts
Samples: Warrant Indenture (Americas Silver Corp), Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 6 contracts
Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to compliance with applicable securities law and the prior approval of any applicable regulatory authorities, including the Exchange, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 6 contracts
Samples: Warrant Indenture (Mogo Inc.), Warrant Indenture (Contact Gold Corp.), Warrant Indenture (Contact Gold Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 5 contracts
Samples: Warrant Indenture (Algernon Pharmaceuticals Inc.), Warrant Indenture (Renaissance Oil Corp.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Special Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants covenants, enforcement provisions, and enforcement release provisions as, (if any) as in the opinion of counsel Counsel are necessary or advisable, provided that the same are not not, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(b) adding to the covenants of the Corporation in this Special Warrant Indenture for the protection of the Special Warrantholders;
(c) evidencing any succession (or successive successions) of other companies to the Corporation and the covenants of, and obligations assumed by, such successor (or successors) in accordance with the provisions of this Special Warrant Indenture;
(d) giving effect to setting forth any extraordinary resolution passed as provided in adjustments resulting from the application of the provisions of Article 64;
(e) making such provisions not inconsistent with this Special Warrant Indenture as may be deemed necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(f) giving effect to an Extraordinary Resolution;
(g) rectifying any ambiguity, defective provision, clerical omission or mistake or manifest or other error contained herein or in any amendment or deed or indenture supplemental or ancillary hereto provided that, in the opinion of the Special Warrant Agent, relying on the opinion of Counsel, the rights of the Special Warrantholders are not prejudiced thereby and provided that the Special Warrant Agent may in its discretion decline to enter into any such supplemental indenture which in its opinion, relying on the opinion of Counsel, may not afford adequate protection to the Special Warrant Agent when the same will become operative;
(h) adding to or amending altering the provisions hereof in respect of the transfer of Special Warrants, making provision for the exchange of Warrants Special Warrant Certificates of different denominations, and making any modification in the form of the Special Warrant Certificate that which does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(hi) for any other purpose not inconsistent with the terms provisions of this Special Warrant Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, the rights of the Special Warrant Agent and the Special Warrantholders as a group are in no way prejudiced thereby;
(j) to allow for the voluntary exercise of Special Warrants if agreed to by the Corporation in accordance with Section 5.2; or
(k) providing for the issuance of additional Special Warrants hereunder and any consequential amendments hereto as may be required by the Special Warrant Agent, provided the same are not prejudicial to the interests of the Special Warrantholders, based on the opinion of Counsel.
Appears in 5 contracts
Samples: Special Warrant Indenture, Special Warrant Indenture, Special Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if when properly authorized by its directorsaction by the Directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofhereof and regulatory approval, execute and deliver by their proper officers, indentures indentures, or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance issue of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of Article 2the provisions of Section 5.1 or any modification affecting the rights of Warrantholders hereunder on exercise of the Warrants, provided that any such adjustments or modifications shall be subject to compliance with all regulatory requirements (including the rules of any stock exchange or over-the-counter market on which the Common Shares are then listed or quoted for trading);
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the rights or interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6IX;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the rights or interests of the Warrantholders as a group;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrant Certificates, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights or interests of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights or interests of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 5 contracts
Samples: Warrant Indenture, Warrant Indenture (Titan Medical Inc), Warrant Indenture (Titan Medical Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(ai) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(cii) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(diii) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(eiv) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fv) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gvi) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(hvii) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 5 contracts
Samples: Warrant Indenture (mCloud Technologies Corp.), Warrant Indenture (mCloud Technologies Corp.), Warrant Indenture (mCloud Technologies Corp.)
Provision for Supplemental Indentures for Certain Purposes. From Subject to regulatory approval, from time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 5 contracts
Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture (Platinum Group Metals LTD)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company (if properly when authorized by its directorsaction of the directors of the Company) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a1) setting forth any adjustments resulting from the application of the provisions of Article 4;
(2) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(3) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(4) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(5) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(6) modifying any of the provisions of this Indenture, including relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(7) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) 8) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 5 contracts
Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, subject to the Company prior approval of the TSX, the Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent relying on the advice of counsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 4 contracts
Samples: Warrant Indenture (HEXO Corp.), Warrant Indenture (HEXO Corp.), Warrant Indenture (HEXO Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to the CSE approval and to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 4 contracts
Samples: Warrant Indenture, Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to TSX approval and to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 4 contracts
Samples: Warrant Indenture (Medicenna Therapeutics Corp.), Warrant Indenture (Medicenna Therapeutics Corp.), Warrant Indenture (CannTrust Holdings Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the CSE, as necessary, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the circumstances, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 4 contracts
Samples: Warrant Indenture (Acreage Holdings, Inc.), Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to CSE approval (if required) and the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced therebythereby .
Appears in 4 contracts
Samples: Warrant Indenture (Trulieve Cannabis Corp.), Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application provisions of Article 2;
(cb) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(dc) giving effect to any extraordinary special resolution passed as provided in Article 6;
(ed) making such provisions not inconsistent with this Indenture indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(fe) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that which does not affect the substance thereof;
(gf) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, indenture provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and;
(hg) for any other purpose not inconsistent with the terms of this Indentureindenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby; and
(i) evidencing any succession or successive successions to the Company and the assumption by any successor company (as hereinafter defined) of the covenants of the Company contemplated herein and in the Warrants, as provided in section 7.2.
Appears in 3 contracts
Samples: Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company (if properly when authorized by its action of the directors) and the Special Warrant Agent Agent, may, subject to the provisions hereof, and they shallwill, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall will form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel of the Company, are necessary or advisableadvisable in the circumstances, provided that the same are not in the opinion of the Special Warrant Agent, Agent (relying on upon the advice opinion of counsel, Counsel) prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 67;
(d) adding to, deleting or altering the provisions hereof in respect of the transfer of the Special Warrants, making provision for the exchange of Special Warrant Certificates, and making any modification in the form of the Special Warrant Certificates which does not affect the substance thereof;
(e) modifying any of the provisions of this Indenture, including relieving the Company from any of the obligations, conditions or restrictions herein contained; provided, however, that such modification or relief will be or become operative or effective only if, in the opinion of the Special Warrant Agent (relying upon the opinion of Counsel), such modification or relief in no way prejudices any of the rights of the Special Warrantholders or of the Special Warrant Agent, and provided further that the Special Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Special Warrant Agent when the same will become operative;
(f) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeSpecial Warrantholders; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, the rights of the Special Warrant Agent and of the Special Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Special Warrant Indenture, Special Warrant Indenture, Special Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to NEO approval (if required) and the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Columbia Care Inc.), Warrant Indenture (Columbia Care Inc.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to TSXV approval and to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Vox Royalty Corp.), Warrant Indenture (Organigram Holdings Inc.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Bright Minds Biosciences Inc.), Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) Corporation and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officersofficers or directors, as the case may be, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle Five;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel counsel, are necessary or advisable, provided that the same are not in the opinion of the Warrant AgentTrustee, relying based on the advice opinion of counsel, prejudicial to the interests of the Warrantholders as a group;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Eight;
(d) adding to, deleting or altering the provisions hereof in respect of the transfer of Warrants, the exchange of Warrants and the making of any modification in the form of a Warrant Certificate which additions, deletions or alterations, in the opinion of the Trustee, based on the opinion of counsel, do not affect the substance thereof;
(e) making such any additions to, deletions from or alterations of the provisions of this Indenture which, in the opinion of the Trustee, based on the opinion of counsel, do not materially and adversely affect the interests of the Warrantholders and are necessary or advisable in order to incorporate, reflect or comply with any Applicable Legislation;
(f) making provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Shares issuable under the Warrants on a stock exchange, bourse or over-the-counter market, provided that such the provisions are not, in the opinion of the Warrant AgentTrustee, relying based on the advice opinion of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective if, if in the opinion of the Warrant AgentTrustee, relying based on the advice opinion of counsel, such amendment the modification or relief impairs any of the rights of the Warrantholders as a group provided hereunder, or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole uncontrolled discretion decline to enter into any supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative;
(h) evidencing any succession, or successive successions, of other bodies corporate to the Corporation and the assumption by any successor of the obligations of the Corporation herein and in the Warrant Certificates as provided hereafter in this Article Nine; and
(hi) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant AgentTrustee, relying based on the advice opinion of counsel, the rights of the Warrant Agent Trustee and the Warrantholders as a group provided hereunder, are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp)
Provision for Supplemental Indentures for Certain Purposes. (1) From time to time time, the Company Corporation (if properly when authorized by action of its directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the opinion of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the opinion of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the opinion of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice opinion of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Vizsla Silver Corp.), Warrant Indenture (Vizsla Silver Corp.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper directors or officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, Trustee relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 67;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining or maintaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, Trustee relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, Trustee relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(hf) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, Trustee relying on the advice of counsel, Counsel the rights of the Warrant Agent Trustee and of the Warrantholders as a group are in no way prejudiced thereby. Notwithstanding anything to the contrary in this Indenture, no supplement or amendment to this Indenture or to the provisions of the Warrants may be made without the prior consent of the Toronto Stock Exchange (or such other stock exchange on which the Common Shares may be listed for trading), if required.
Appears in 3 contracts
Samples: Warrant Indenture (Transatlantic Petroleum Corp.), Warrant Indenture (Transatlantic Petroleum Corp.), Warrant Indenture (Transatlantic Petroleum Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (CLS Holdings USA, Inc.), Warrant Indenture (CLS Holdings USA, Inc.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Planet 13 Holdings Inc.), Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the TSX, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Niocorp Developments LTD), Warrant Indenture (Niocorp Developments LTD), Warrant Indenture (Niocorp Developments LTD)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the CSE, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; andCounsel.
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced therebythereby .
Appears in 3 contracts
Samples: Warrant Indenture, Warrant Indenture (Tower One Wireless Corp.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (IM Cannabis Corp.), Warrant Indenture (IM Cannabis Corp.), Warrant Indenture (IM Cannabis Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced therebythereby .
Appears in 3 contracts
Samples: Warrant Indenture (Algernon Pharmaceuticals Inc.), Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Neptune Technologies & Bioressources Inc.), Warrant Indenture (MANAS PETROLEUM Corp), Warrant Indenture (MANAS PETROLEUM Corp)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action by the directors) and the Warrant Agent may, without the consent of the Warrantholders and subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofhereof and regulatory approval, execute and deliver by their proper officers, indentures indentures, or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance issue of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 25 or any modification affecting the rights of Warrantholders hereunder on exercise of the Warrants, provided that any such adjustments or modifications shall be subject to the prior written approval of the Exchange;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel counsel, are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the rights or interests of any of the Warrantholders as a groupWarrantholders;
(d) evidencing the succession, or successive successions, of other corporations to the Corporation and the covenants of and obligations assumed by any such successor in accordance with the provisions of this Indenture;
(e) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 69;
(ef) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the rights or interests of any of the Warrantholders as a groupWarrantholders;
(fg) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrant Certificates, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gh) amending modifying any of the provisions of this Indenture Indenture, including by providing for the creation and the authority to issue additional Warrants, or relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment modification or relief impairs in no way prejudices any of the rights or interests of any of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(hi) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counsel, the rights or interests of the Warrant Agent and any of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 3 contracts
Samples: Warrant Indenture (Energy Fuels Inc), Warrant Indenture (Energy Fuels Inc), Warrant Indenture (Energy Fuels Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to approval of the CSE (or such other exchange on which the Common Shares may trade), as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (TerrAscend Corp.), Warrant Indenture (TerrAscend Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper directors or officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, Agent relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 67;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining or maintaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, Agent relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, Agent relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and;
(hf) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, Agent relying on the advice of counsel, Counsel the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby; and
(g) adding to or altering the provisions hereof in respect of the ownership and transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrants which does not affect the substance thereof, provided that in the opinion of the Warrant Agent relying on the advice of Counsel the rights of the Warrant Agent and of the Warrantholders are in no way prejudiced thereby. Notwithstanding anything to the contrary in this Indenture, no supplement or amendment to this Indenture or to the provisions of the Warrants may be made without the prior consent of the CSE (or such other stock exchange or trading system on which the Common Shares or Warrants are listed for trading), if required.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(dc) giving effect to any extraordinary resolution passed as provided in Article 6;
(ed) making such provisions not inconsistent with this Indenture indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(fe) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that which does not affect the substance thereof;
(gf) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, indenture provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and;
(hg) for any other purpose not inconsistent with the terms of this Indentureindenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby; and
(h) evidencing any succession or successive successions to the Company and the assumption by any successor of the covenants of the Company contemplated herein and in the Warrants, as provided in section 7.2.
Appears in 2 contracts
Samples: Warrant Indenture (New Gold Inc. /FI), Warrant Indenture (New Gold Inc. /FI)
Provision for Supplemental Indentures for Certain Purposes. From Subject to Article 7, from time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors and subject to TSX approval) and the Warrant Agent may, subject to the provisions hereof, and if applicable, they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for for, with the consent of the Registered Warrantholders, the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding Counsel and subject to the provisions hereof such additional covenants and enforcement provisions as, in approval of the opinion of counsel are necessary TSX (or advisable, provided another Canadian stock exchange) to the extent that the same Warrants are not in the opinion of the Warrant Agent, relying listed on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupTSX (or another Canadian stock exchange);
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11 or Section 7.14;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining or maintaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Alexco Resource Corp), Warrant Indenture (Canadian Zinc Corp)
Provision for Supplemental Indentures for Certain Purposes. From Subject to regulatory approval, from time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced therebythereby .
Appears in 2 contracts
Samples: Warrant Indenture (Sandstorm Gold LTD), Warrant Indenture (Sandstorm Gold LTD)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; andCounsel.
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Cohbar, Inc.), Warrant Indenture (Cohbar, Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper directors or officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, Trustee relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 67;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining or maintaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, Trustee relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, Trustee relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(hf) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, Trustee relying on the advice of counsel, Counsel the rights of the Warrant Agent Trustee and of the Warrantholders as a group are in no way prejudiced thereby. Notwithstanding anything to the contrary in this Indenture, no supplement or amendment to this Indenture or to the provisions of the Warrants may be made without the prior consent of the American Stock Exchange (or such other stock exchange on which the Common Shares may be listed for trading), if required.
Appears in 2 contracts
Samples: Warrant Indenture (Oilsands Quest Inc), Warrant Indenture (Oilsands Quest Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company (if properly when authorized by its directorsaction of the directors of the Company) and the Warrant Agent may, without the consent of the Warrantholders but subject to any required regulatory approval and subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or clerical omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time with the Company prior approval of the TSXV or any other stock exchange on which the Common Shares are listed, if such approval is required, the Corporation (if properly when authorized by its action of the directors) and the Special Warrant Agent Agent, may, subject to the provisions hereof, and they shallwill, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall will form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel of the Corporation, are necessary or advisableadvisable in the circumstances, provided that the same are not in the opinion of the Special Warrant Agent, Agent (relying on upon the advice opinion of counsel, Counsel) prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 67;
(d) adding to, deleting or altering the provisions hereof in respect of the transfer of the Special Warrants making provision for the exchange of Special Warrant Certificates, and making any modification in the form of the Special Warrant Certificates which does not affect the substance thereof;
(e) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief will be or become operative or effective only if, in the opinion of the Special Warrant Agent (relying upon the opinion of Counsel), such modification or relief in no way prejudices any of the rights of the Special Warrantholders or of the Special Warrant Agent, and provided further that the Special Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Special Warrant Agent when the same will become operative;
(f) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeSpecial Warrantholders; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, the rights of the Special Warrant Agent and of the Special Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Special Warrant Indenture (Niocorp Developments LTD), Special Warrant Indenture (Niocorp Developments LTD)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper directors or officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, Agent relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 67;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining or maintaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, Agent relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, Agent relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and;
(hf) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, Agent relying on the advice of counsel, Counsel the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby; and
(g) adding to or altering the provisions hereof in respect of the ownership and transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrants which does not affect the substance thereof, provided that in the opinion of the Warrant Agent relying on the advice of Counsel the rights of the Warrant Agent and of the Warrantholders are in no way prejudiced thereby. Notwithstanding anything to the contrary in this Indenture, no supplement or amendment to this Indenture or to the provisions of the Warrants may be made without the prior consent of the CSE (or such other stock exchange or trading system on which the Common Shares or Warrants are listed for trading), if required.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; andCounsel.
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced therebythereby .
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to CSE approval (if applicable) and to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 2;4;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6;Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From Subject to regulatory approval, from time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief or in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby; and
(i) for the avoidance of doubt, approval of the Registered Warrantholders is not required for the purposes of entering into a supplemental indenture pursuant to this Section 8.1.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereofof this indenture, and they shall, when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that which does not affect the substance thereof;
(g) amending any of the provisions of this Indenture indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indentureindenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Common Share Purchase Warrant Indenture (Goldcorp Inc), Common Share Purchase Warrant Indenture (Goldcorp Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its directorsthe Directors) and the Warrant Agent may, subject to the provisions hereofof this Indenture, and they shallwill, when so directed in accordance with by the provisions hereof, execute and deliver by their proper officersofficers or directors, as the case may be, indentures or instruments supplemental hereto, which thereafter shall will form part hereofof this Indenture, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 25;
(c) adding to the provisions hereof hereto such additional covenants and enforcement provisions as, as in the opinion of counsel are necessary or advisable, provided that the same and are not in the opinion of the Warrant Agent, relying based on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution Special Resolution passed as provided in Article 69;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that which, in the opinion of counsel for the Corporation, does not affect the substance thereofthereof and is allowed by the Regulatory Authorities;
(gf) amending any of the provisions of this Indenture or relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of adversely affects the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) evidencing the succession of successor companies to the Corporation and the covenants of and obligations assumed by such successor companies; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions hereinin this Indenture, provided that, that in the opinion of the Warrant Agent, relying based on the advice of its counsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Common Share Purchase Warrant Indenture (Midway Gold Corp), Common Share Purchase Warrant Indenture (Midway Gold Corp)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) 8.1.1 setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) 8.1.2 adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(d) 8.1.3 giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67.11;
(e) 8.1.4 making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(f) 8.1.5 adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending 8.1.6 modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) 8.1.7 for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Amaya Gaming Group Inc.), Warrant Indenture (Amaya Gaming Group Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) and the Warrant Agent may, subject to the provisions hereofof this Indenture, and they shall, shall when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on and as directed by the advice of counselCompany;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(e) giving effect to any extraordinary resolution passed as provided in Article 6;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Purchase Warrant Indenture (Peru Copper Inc.), Purchase Warrant Indenture (Peru Copper Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) a. setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) b. adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) c. giving effect to any extraordinary resolution passed as provided in Article 67;
(e) d. making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Purchase Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) e. adding to or amending altering the provisions hereof in respect of the transfer of Purchase Warrants, making provision for the exchange of Warrants Warrant Certificates, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending f. modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(h) g. for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant AgentTrustee the rights of the Trustee, relying acting on the advice of counsel, the rights and of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Golden Star Resources LTD), Warrant Indenture (Golden Star Resources LTD)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to CSE approval (if required) and the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Harvest Health & Recreation Inc.), Warrant Indenture (Harvest Health & Recreation Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly shall, when authorized by its directors) the Directors, and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofof this Indenture, execute and deliver by their proper officers, deeds, indentures or instruments supplemental hereto, which thereafter shall form part hereof, hereof for any one or more or all of the following purposes:
(a) adding to the provisions hereof such additional covenants, enforcement provisions, and release provisions (if any) as in the opinion of counsel acceptable to the Company and the Warrant Agent are necessary or advisable, provided the same are not, in the opinion of the counsel of the Warrant Agent prejudicial to the interests of the Warrantholders;
(b) adding to the covenants of the Company in this Indenture for the protection of the Warrantholders;
(c) evidencing any succession (or successive successions), of other companies to the Company and the covenants of, and obligations assumed by, such successor (or successors) in accordance with the provisions of this Indenture;
(d) making such provisions not inconsistent with this Indenture, based on the opinion of counsel, as may be deemed necessary or desirable with respect to matters or questions arising hereunder;
(e) giving effect to an Extraordinary Resolution;
(f) to rectify any ambiguity, defective provision, clerical omission or mistake or manifest or other error contained herein or in any deed or indenture supplemental or ancillary hereto provided that, in the opinion of counsel of the Warrant Agent, the rights of the Warrantholder are not prejudiced thereby;
(g) adding to, removing or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrant Certificates of different denominations, and making any modification in the form of the Warrant Certificate which does not affect the substance thereof or which is approved by counsel to the Company and which is not, in the opinion of counsel to the Warrant Agent, prejudicial to the interests Warrantholders;
(h) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice opinion of counsel;; or
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(hi) for any other purpose not inconsistent with the terms provisions of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in relying on the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Crosshair Exploration & Mining Corp), Warrant Indenture (Crosshair Exploration & Mining Corp)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(ai) setting forth any adjustments resulting from the application of the provisions of Article 4;
(ii) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(iii) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(iv) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(v) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(vi) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(vii) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(hviii) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Acasti Pharma Inc.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Special Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) 12.1.1 adding to the provisions hereof such additional covenants and enforcement provisions as, in on the opinion advice of counsel counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Special Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupRegistered Special Warrantholders;
(d) 12.1.2 giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 11.11;
(e) 12.1.3 making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Special Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Special Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupRegistered Special Warrantholders;
(f) 12.1.4 adding to or amending altering the provisions hereof in respect of the transfer of Special Warrants, making provision for the exchange of Warrants Special Warrants, and making any modification in the form of the Special Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending 12.1.5 modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Special Warrant Agent, relying on the advice of counsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Special Warrantholders as a group or of the Special Warrant Agent, and provided further that the Special Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Special Warrant Agent when the same shall become operative; and
(h) 12.1.6 for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Special Warrant Agent, relying on the advice of counsel, the rights of the Special Warrant Agent and of the Registered Special Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Special Warrant Indenture (Amaya Gaming Group Inc.), Special Warrant Indenture (Amaya Gaming Group Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the TSX-V, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Encore Energy Corp.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly authorized by its directors) Corporation and the Warrant Agent may, subject to the provisions hereofhereof and the TSX’s approval and/or the Nasdaq’s approval (if applicable), and they shall, when so directed in accordance with the provisions hereofrequired hereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth or giving effect to adjustments in the application of Article 23;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 67;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(h) providing added protection or benefit to the Corporation or the Warrantholders (as a group); and
(hi) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or clerical omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Cardiol Therapeutics Inc.), Warrant Indenture (IMV Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; andor
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a1) setting forth any adjustments resulting from the application of the provisions of Article 4;
(2) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(3) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(4) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(5) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(6) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(7) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;Counsel.
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) 8) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced therebythereby .
Appears in 2 contracts
Samples: Warrant Indenture (Invictus MD Strategies Corp.), Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, subject to the Company prior approval of the TSX, the Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent relying on the advice of Counsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Organigram Holdings Inc.), Warrant Indenture (Organigram Holdings Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly when authorized by its directorsthe directors and subject to any applicable regulatory approvals) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, will when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officers, officers indentures or instruments supplemental hereto, which thereafter shall will form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of increasing the number set out in Section 2.1 of Special Warrants authorized for issue hereunder and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice corresponding number of counselUnderlying Securities to which Special Warrantholders are entitled;
(b) setting forth any adjustments in resulting from the application of Article 2the provisions of Section 4.7 hereof;
(c) adding to the provisions hereof hereto such additional covenants and enforcement provisions as, as in the opinion of counsel are necessary or advisable, provided that the same and are not in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, prejudicial to the interests of the Special Warrantholders as a groupor any of them;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 68 hereof;
(e) making such provisions not inconsistent with this Indenture as may be are (i) necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are or for the purpose of obtaining a listing or quotation of the Common Shares on a stock exchange or over-the-counter market, and (ii) not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(f) adding to to, deleting or amending altering the provisions hereof in respect of the transfer of WarrantsSpecial Warrants or the conversion of Special Warrant Certificates, making provision for the exchange of Warrants and making any modification in the form of the Special Warrant Certificate Certificates that does not affect the substance thereof;
(g) amending modifying any of the provisions provision of this Indenture (including, without limitation, making any modification which increases the number or amount of Common Shares issuable pursuant to the Special Warrants) or relieving the Company from any of the obligationsobligation, conditions condition or restrictions restriction herein contained, provided except that no such amendment modification or relief shall will be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs it would impair any right of the rights of the Special Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole uncontrolled discretion decline to enter into any such supplemental indenture that which, in its opinion may opinion, will not afford adequate protection to the Warrant Agent Trustee when the same shall become it becomes operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguitiesambiguity, defective or inconsistent provisionsprovision, errors error or omissions omission herein, provided that, if in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent Trustee and of the Special Warrantholders as a group are in no way not prejudiced thereby.
Appears in 2 contracts
Samples: Special Warrant Indenture (Ivanhoe Energy Inc), Special Warrant Indenture (Ivanhoe Energy Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its directorsthe Directors) and the Warrant Agent may, subject to the provisions hereofof these presents, and they shall, when so directed in accordance with the provisions hereofby these presents, execute and deliver by their proper officersofficers or directors, as the case may be, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 2Three;
(c) adding to the provisions hereof hereto such additional covenants and enforcement provisions as, as in the opinion of counsel Counsel are necessary or advisable, provided that the same and are not in the opinion of the Warrant Agent, Agent relying on the advice of counsel, Counsel prejudicial to the interests interest of any of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Five;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are notany modification in the form of Warrant Certificate which, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(gf) amending making any additions to, deletions from or alterations of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective ifwhich, in the opinion of the Warrant Agent, Agent relying on Counsel, do not in any way prejudice or adversely affect the advice rights or interests of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group and are necessary or of the Warrant Agentadvisable in order to incorporate, and provided further that the Warrant Agent may in its sole discretion decline to enter into reflect or comply with any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeApplicable Legislation; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counsel, Agent the rights of the Warrant Agent and or of any of the Warrantholders as a group are in no way prejudiced thereby.. Notwithstanding anything to the contrary in this Indenture, no supplement or amendment to the terms of the Warrants or to this Indenture may be made without the consent of the TSX-V for so long as the Warrants or the Common Shares are listed on the TSX-V.
Appears in 2 contracts
Samples: Warrant Indenture (Vuzix Corp), Warrant Indenture (Vuzix Corp)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its directorsaction of the directors and with the prior approval of the TSX) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) a. setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) b. adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) c. giving effect to any extraordinary resolution passed as provided in Article 67;
(e) d. making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Purchase Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) e. adding to or amending altering the provisions hereof in respect of the transfer of Purchase Warrants, making provision for the exchange of Warrants Warrant Certificates, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending f. modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(h) g. for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant AgentTrustee the rights of the Trustee, relying acting on the advice of counsel, the rights and of the Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Golden Star Resources LTD), Warrant Indenture (Golden Star Resources LTD)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to the provisions hereof, and subject to compliance with applicable securities law and the approval of any applicable regulatory authorities and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to CSE approval and the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Bunker Hill Mining Corp.), Warrant Indenture (Bunker Hill Mining Corp.)
Provision for Supplemental Indentures for Certain Purposes. From Subject to regulatory approval, from time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Planet 13 Holdings Inc.), Warrant Indenture (Aleafia Health Inc.)
Provision for Supplemental Indentures for Certain Purposes. From Subject to regulatory approval, from time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder, including Warrants in excess of the number set out in Section 2.1, and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of Counsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Second Supplemental Warrant Indenture (Osisko Development Corp.), Supplemental Warrant Indenture (Osisko Development Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the CSE, if applicable, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the approval of the Exchange, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) : setting forth any adjustments resulting from the application of the provisions of Article 4; adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders; giving effect to any Extraordinary Resolution passed as provided in Section 7.11; making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders; adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof; modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants Counsel; and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11 or Section 7.14;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining or maintaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly when authorized by its the directors) and the Warrant Agent Trustee may, subject to the provisions hereofof these presents, and they shallwill, when so directed in accordance with the provisions hereofby these presents, execute and deliver by their proper officersofficers or Directors, as the case may be, indentures or instruments supplemental hereto, which thereafter shall will form part hereofof this Indenture, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in provisions of Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel6;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof hereto such additional covenants and enforcement provisions as, as in the opinion of counsel are necessary or advisable, provided that the same and are not in the opinion of the Warrant AgentTrustee, relying based on the advice of counsel, prejudicial to the interests of the Warrantholders Warrantholders;
(c) giving effect to any Special Resolution passed as a groupprovided in Section 9;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Series A Warrant Certificate, Series B Warrant Certificate that or Series C Warrant Certificate which, in the opinion of counsel for the Company, does not affect the substance thereofthereof and is allowed by the Regulatory Authorities;
(ge) amending making any additions to, deletions from or alterations of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective ifwhich, in the opinion of the Warrant AgentTrustee, relying based on the advice of its counsel, such amendment or relief impairs any of do not materially and adversely affect the rights interests of the Warrantholders as a group and are necessary or advisable in order to incorporate, reflect or comply with any Applicable Legislation;
(f) evidencing the succession of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection successor companies to the Warrant Agent when Company and the same shall become operative; andcovenants of and obligations assumed by such successor companies;
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions hereinin this Indenture, provided that, that in the opinion of the Warrant AgentTrustee, relying based on the advice of its counsel, the rights of the Warrant Agent and Trustee or of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Eveolution Ventures Inc), Warrant Indenture (Eveolution Ventures Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its a resolution of the directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, Trustee prejudicial to the interests of the Warrantholders as a groupUnitholders;
(db) giving effect to any extraordinary resolution Extraordinary Resolution or Ordinary Resolution passed as provided in Article 6XII;
(ec) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselTrustee, prejudicial to the interests of the Warrantholders as a groupUnitholders;
(fd) adding to or amending altering the provisions hereof hereon in respect of the transfer of Warrants, making provision for the exchange of Warrants Unit Certificates, and making any modification in the form of the Warrant Certificate that Unit Certificates which does not materially affect the substance thereof;
(ge) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselTrustee, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group Unitholders or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(hf) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counsel, Trustee the rights of the Warrant Agent Trustee and of the Warrantholders as a group Unitholders are in no way not prejudiced thereby.
Appears in 2 contracts
Samples: Trust Indenture (Pengrowth Energy Trust), Trust Indenture (Pengrowth Energy Trust)
Provision for Supplemental Indentures for Certain Purposes. From Subject to regulatory approval, from time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby; and
(i) For certainty, approval of Registered Warrantholders is not required for the purposes of entering into a supplemental indenture pursuant to this Section 8.1.
Appears in 2 contracts
Samples: Warrant Indenture (enCore Energy Corp.), Warrant Indenture (enCore Energy Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly when authorized by its the directors) and the Warrant Subscription Receipt Agent may, subject to the provisions hereof, and they shall, will when so directed in accordance with the provisions hereofhereby, execute and deliver by their proper officers, officers indentures or instruments supplemental hereto, which thereafter shall will form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Subscription Receipt Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof hereto such additional covenants and enforcement provisions as, in the opinion of counsel to the Subscription Receipt Agent, are necessary or advisable, provided that the same advisable and are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests interest of the Warrantholders as a groupSubscription Receiptholders;
(dc) giving effect to any extraordinary resolution Majority Resolution passed as provided in Article 68;
(ed) making such provisions not inconsistent with this Indenture as may be are necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, not in the opinion of counsel to the Warrant Agent, relying on the advice of counsel, Subscription Receipt Agent materially prejudicial to the interests of the Warrantholders as a groupSubscription Receiptholders;
(fe) adding to to, deleting or amending altering the provisions hereof in respect of the transfer of WarrantsSubscription Receipts or the issuance of the Additional Notes pursuant to the Subscription Receipt Certificates, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate Subscription Receipt Certificates that does not affect the substance thereof;
(gf) amending modifying any of the provisions provision of this Indenture or relieving the Company from any of the obligationsobligation, conditions condition or restrictions restriction herein contained, provided except that no such amendment modification or relief shall will be or become operative or effective if, if in the opinion of counsel to the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs Subscription Receipt Agent it would impair any right of the rights of the Warrantholders as a group Subscription Receiptholders or of the Warrant Subscription Receipt Agent, and provided further that the Warrant Subscription Receipt Agent may in its sole uncontrolled discretion decline to enter into any such supplemental indenture that which in its opinion may will not afford adequate protection to the Warrant Subscription Receipt Agent when the same shall become it becomes operative; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguitiesambiguity, defective or inconsistent provisionsprovision, errors error or omissions omission herein, provided that, if in the opinion of counsel to the Warrant Subscription Receipt Agent, relying on the advice of counsel, the rights of the Warrant Subscription Receipt Agent and of the Warrantholders as a group Subscription Receiptholders are in no way not materially prejudiced thereby.
Appears in 2 contracts
Samples: Subscription Receipt Indenture (Postmedia Network Canada Corp.), Subscription Receipt Indenture (Postmedia Network Canada Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to CSE approval and to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture, Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent relying on the advice of counsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 2 contracts
Samples: Warrant Indenture (Midway Gold Corp), Warrant Indenture (Vista Gold Corp)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action by the directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;[Intentionally Deleted]
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel the Trustee based on the advice of counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, Trustee prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 6;8; 144554\0512890.WP
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Special Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying Trustee based on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Special Warrants, making provision for the exchange of Warrants Warrant Certificates, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying Trustee based on the advice of counsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions hereinherein or any deed or indenture supplemental or ancillary hereto, provided that, that in the opinion of the Warrant Agent, relying Trustee based on the advice of counsel, counsel the rights of the Warrant Agent Trustee and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors and subject to the prior approval of the TSX) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent relying on the advice of counsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action by the directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant AgentTrustee, relying on based upon the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution passed as provided in Article 68;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Special Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on Trustee based upon the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Special Warrants, making provision for the exchange of Warrants Warrant Certificates, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on Trustee based upon the advice of counsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion opinion, based upon the advice of counsel, may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions hereinherein or any deed or indenture supplemental or ancillary hereto, provided that, that in the opinion of the Warrant Agent, relying on Trustee based upon the advice of counsel, counsel the rights of the Warrant Agent Trustee and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Special Warrant Indenture (Spectrum Signal Processing Inc)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation and the approval of any stock exchange) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(c) increasing the number of Warrants issuable under this Indenture;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture (Veris Gold Corp.)
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its directorsaction by the Directors) and the Warrant Agent may, subject to the provisions hereofof this Indenture, and they shall, when so directed in accordance with by the provisions hereofof this Indenture, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth adjustments pursuant to the issuance provisions of additional Warrants hereunder including Warrants in excess of article five hereof;
b) increasing the number set out in Section 2.1 of Warrants, and the number of Common Shares issuable upon the exercise of Warrants, which the Corporation is authorized to issue under this Indenture and any consequential amendments hereto amendment thereto as may be required by the Warrant Agent, relying Agent acting on the advice of counsel;
(bc) setting forth adjustments in listing the application of Article 2Warrants, or arranging for the Warrants to be traded, on any stock exchange or market;
(cd) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(de) giving effect to any extraordinary resolution or Extraordinary Resolution passed as provided in Article 6article nine hereof;
(ef) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fg) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and Warrant Certificates, or making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gh) amending modifying any of the provisions of this Indenture or relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs manner as to impair any of the rights of the Warrantholders as a group or of the Warrant Agent, Agent and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; andor
(hi) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Share Exchange Agreement (Breakwater Resources LTD)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the CSE, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder, including Warrants in excess of the number set out in Section 2.1and any consequential amendments hereto as may be required by the Warrant Agent relying on the advice of Counsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the CSE, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining or maintaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its directorsthe directors and subject to any applicable regulatory approvals) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, will when so directed hereby in accordance with the provisions hereofwriting, execute and deliver by their proper officers, officers indentures or instruments supplemental hereto, which thereafter shall will form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of increasing the number set out in Section 2.1 of Special Warrants authorized for issue hereunder and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice corresponding number of counselUnderlying Securities to which Special Warrantholders are entitled;
(b) setting forth any adjustments in resulting from the application of Article 2the provisions of Section 4.7 hereof;
(c) adding to the provisions hereof hereto such additional covenants and enforcement provisions as, as in the opinion of counsel are necessary or advisable, provided that the same and are not in the opinion of the Warrant AgentTrustee, relying on the advice of counsel, prejudicial to the interests of the Special Warrantholders as a groupor any of them;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67 hereof;
(e) making such provisions not inconsistent with this Indenture as may be are (i) necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are or for the purpose of obtaining a listing or quotation of the Common Shares on a stock exchange or over-the-counter market, and (ii) not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(f) adding to to, deleting or amending altering the provisions hereof in respect of the transfer of WarrantsSpecial Warrants or the conversion of Special Warrant Certificates, making provision for the exchange of Warrants and making any modification in the form of the Special Warrant Certificate Certificates that does not affect the substance thereof;
(g) amending modifying any of the provisions provision of this Indenture (including, without limitation, making any modification which increases the number or amount of Common Shares issuable pursuant to the Special Warrants) or relieving the Company Corporation from any of the obligationsobligation, conditions condition or restrictions restriction herein contained, provided except that no such amendment modification or relief shall will be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs it would impair any right of the rights of the Special Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole uncontrolled discretion decline to enter into any such supplemental indenture that which, in its opinion may opinion, will not afford adequate protection to the Warrant Agent Trustee when the same shall become it becomes operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguitiesambiguity, defective or inconsistent provisionsprovision, errors error or omissions omission herein, provided that, if in the opinion of the Warrant Agent, relying on the advice of counsel, the rights of the Warrant Agent Trustee and of the Special Warrantholders as a group are in no way not prejudiced thereby.
Appears in 1 contract
Samples: Special Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; andCounsel.
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counsel;Article 4.
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, Trustee prejudicial to the interests of the Warrantholders as a group;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselTrustee, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrant Certificates, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselTrustee, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant AgentTrustee, and provided further that the Warrant Agent Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Trustee when the same shall become operative; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counsel, Trustee the rights of the Warrant Agent Trustee and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to the provisions hereof, and subject to compliance with applicable Securities Law and the approval of any applicable regulatory authorities, including the CSE, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that that, such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and or making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no that, such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way adversely prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that that, the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent Debenture Trustee may, without the need the for Debentureholder approval and subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants Debentures hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Debenture Trustee relying on the advice of counselCounsel;
(b) setting forth any adjustments in resulting from the application of the provisions of Article 24;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant AgentDebenture Trustee, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Debentureholders;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 6.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Debentures on any stock exchange, provided that such provisions are not, in the opinion of the Warrant AgentDebenture Trustee, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Debentureholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of WarrantsDebentures, making provision for the exchange of Warrants Debentures, and making any modification in the form of the Warrant Certificate that Debenture Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant AgentDebenture Trustee, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group Registered Debentureholders or of the Warrant AgentDebenture Trustee, and provided further that the Warrant Agent Debenture Trustee may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent Debenture Trustee when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant AgentDebenture Trustee, relying on the advice of counselCounsel, the rights of the Warrant Agent Debenture Trustee and of the Warrantholders as a group Registered Debentureholders are in no way prejudiced thereby.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Provision for Supplemental Indentures for Certain Purposes. (1) From time to time time, the Company (if properly when authorized by its directorsaction of the directors of the Company) and the Warrant Agent may, subject to the provisions hereofhereof and subject to Exchange approval, if and as required by the written policies of the Exchange, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant AgentAgent and the Company, relying on the advice of counseltheir respective Counsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant AgentAgent and the Company, relying on the advice of counseltheir respective Counsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder, including Warrants in excess of the number set out in Section 2.1, and any consequential amendments hereto as may be required by the Warrant Agent and the Company relying on the advice of their respective Counsel; and
(h) for any other purpose not inconsistent with the terms of this Indenturehereof, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant AgentAgent and the Company, relying on the advice of counseltheir respective Counsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (if properly when authorized by its directorsaction of the Directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the circumstances, provided that the same are not not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(dc) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 67;
(ed) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupWarrantholders;
(fe) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrant Certificates and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(gf) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(hg) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (if properly Corporation shall, when authorized by its directors) the directors of the Corporation, and the Special Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereofof this Special Warrant Indenture, execute and deliver by their proper officers, deeds, indentures or instruments supplemental hereto, which thereafter shall form part hereof, hereof for any one or more or all of the following purposes:
(a) providing for the issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants covenants, enforcement provisions, and enforcement release provisions as, (if any) as in the opinion of counsel Counsel acceptable to the Corporation and the Special Warrant Agent are necessary or advisable, provided that the same are not not, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(b) adding to the covenants of the Corporation in this Special Warrant Indenture for the protection of the Special Warrantholders;
(c) evidencing any succession (or successive successions) of other companies to the Corporation and the covenants of, and obligations assumed by, such successor (or successors) in accordance with the provisions of this Special Warrant Indenture;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Special Warrant Indenture as may be deemed necessary or desirable with respect to matters or questions arising hereunder hereunder, provided that such provisions are not, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, prejudicial to the interests of the Warrantholders as a groupSpecial Warrantholders;
(e) giving effect to an Extraordinary Resolution;
(f) rectifying any ambiguity, defective provision, clerical omission or mistake or manifest or other error contained herein or in any deed or indenture supplemental or ancillary hereto provided that, in the opinion of the Special Warrant Agent, relying on the opinion of Counsel, the rights of the Special Warrantholders are not prejudiced thereby and provided that the Special Warrant Agent may in its discretion decline to enter into any such supplemental indenture which in its opinion, relying on the opinion of Cxxxxxx, may not afford adequate protection to the Special Warrant Agent when the same will become operative;
(g) adding to or amending altering the provisions hereof in respect of the transfer of Special Warrants, making provision for the exchange of Warrants Special Warrant Certificates of different denominations, and making any modification in the form of the Special Warrant Certificate that which does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms provisions of this Special Warrant Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions herein, provided that, in the opinion of the Special Warrant Agent, relying on the advice opinion of counselCounsel, the rights of the Special Warrant Agent Agent, acting on the advice of Counsel, and the Special Warrantholders as a group are in no way prejudiced thereby; or
(i) providing for the issuance of additional Special Warrants hereunder and any consequential amendments hereto as may be required by the Special Warrant Agent, provided the same are not prejudicial to the interests of the Special Warrantholders, based on the opinion of Counsel.
Appears in 1 contract
Provision for Supplemental Indentures for Certain Purposes. From Subject to regulatory approval, from time to time time, the Company Corporation (if properly when authorized by its action of the directors) and the Warrant Agent may, subject to the provisions hereofhereof and subject to compliance with applicable securities law and the prior approval of any applicable regulatory authorities, including the Exchange, as need be, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporation) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the TSX-V, as necessary, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Corporation from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (if properly when authorized by its directorsaction of the directors of the Corporations and the approval of any stock exchange) and the Warrant Agent may, subject to the provisions hereof, and subject to compliance with applicable securities legislation and the approval, if any, of applicable regulatory authorities, including the TSX, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) providing for setting forth any adjustments resulting from the issuance of additional Warrants hereunder including Warrants in excess application of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice provisions of counselArticle 4;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel Counsel, are necessary or advisableadvisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(c) increasing the number of Warrants issuable under this Indenture;
(d) giving effect to any extraordinary resolution Extraordinary Resolution passed as provided in Article 6Section 7.11;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, prejudicial to the interests of the Warrantholders as a groupRegistered Warrantholders;
(f) adding to or amending altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants Warrants, and making any modification in the form of the Warrant Certificate that Certificates which does not affect the substance thereof;
(g) amending modifying any of the provisions of this Indenture or Indenture, including relieving the Company Corporation from any of the obligations, conditions or restrictions herein contained, provided that no such amendment modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of counselCounsel, such amendment modification or relief impairs in no way prejudices any of the rights of the Registered Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture that which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture (Helius Medical Technologies, Inc.)
Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company (if properly when authorized by its directorsaction of the directors of the Company) and the Warrant Agent may, subject to the provisions hereofhereof and subject to the prior approval of the Exchange, as applicable, and they shall, when so directed in accordance with the provisions hereof, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes:
(a) setting forth any adjustments resulting from the application of the provisions of Article 4;
(b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of Counsel, are necessary or advisable in the premises, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(c) giving effect to any Extraordinary Resolution passed as provided in Section 7.11;
(d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder or for the purpose of obtaining a listing or quotation of the Warrants on any stock exchange or quotation system, provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders;
(e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants, and making any modification in the form of the Warrant Certificates which does not affect the substance thereof;
(f) modifying any of the provisions of this Indenture, including relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that such modification or relief shall be or become operative or effective only if, in the opinion of the Warrant Agent, relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights of the Registered Warrantholders or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative;
(g) providing for the issuance of additional Warrants hereunder hereunder, including Warrants in excess of the number set out in Section 2.1 and any consequential amendments hereto as may be required by the Warrant Agent, Agent relying on the advice of counsel;
(b) setting forth adjustments in the application of Article 2;
(c) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of counsel are necessary or advisable, provided that the same are not in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(d) giving effect to any extraordinary resolution passed as provided in Article 6;
(e) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group;
(f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Warrant Certificate that does not affect the substance thereof;
(g) amending any of the provisions of this Indenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the Warrant Agent, relying on the advice of counsel, such amendment or relief impairs any of the rights of the Warrantholders as a group or of the Warrant Agent, and provided further that the Warrant Agent may in its sole discretion decline to enter into any supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operativeCounsel; and
(h) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors errors, mistakes or omissions herein, provided that, that in the opinion of the Warrant Agent, relying on the advice of counselCounsel, the rights of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby.
Appears in 1 contract
Samples: Warrant Indenture