Common use of Provision for Supplemental Indentures for Certain Purposes Clause in Contracts

Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (when properly authorized by action by the Directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof and regulatory approval, 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: providing for the issue of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent, relying on advice of Counsel; setting forth any adjustments resulting from the application of the 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); 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 rights or interests of the Warrantholders as a group; giving effect to all Extraordinary Resolution passed as provided in Article 9; 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 rights or interests of the Warrantholders as a group; adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrant Certificates, 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 or 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 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 which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and 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, mistakes or omissions herein, provided that in the opinion of the Warrant Agent, relying on the advice of Counsel, the rights or interests of the Warrant Agent and of the Warrantholders as a group are in no way prejudiced thereby. Successor Companies In the case of the consolidation, amalgamation, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation ("successor corporation"), the successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Company) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company.

Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (when properly authorized by action by of the Directorsdirectors 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 and regulatory approvalhereof, 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: providing for the issue of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent, relying on advice of Counsel; setting forth any adjustments resulting from the application of the 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)Article 4; adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion 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, prejudicial to the rights or interests of the Warrantholders as a groupRegistered Warrantholders; giving effect to all any Extraordinary Resolution passed as provided in Article 9Section 7.11; making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunderhereunder 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 rights or interests of the Warrantholders as a groupRegistered Warrantholders; adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrant CertificatesWarrants, 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 or Indenture, including relieving the Company 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 or interests 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 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, 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 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, mistakes or omissions herein, provided that in the opinion of the Warrant Agent, relying on the advice of Counsel, the rights or interests of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby. Successor Companies In the case of the consolidation, amalgamation, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation ("successor corporation"), the successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Company) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company.

Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (when if properly authorized by action by the Directorsits directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof and regulatory approvalhereof, 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: providing for the issue 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; setting forth any adjustments resulting from in the application of the 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)Article 2; 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; giving effect to all Extraordinary Resolution any extraordinary resolution passed as provided in Article 96; 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; adding to or altering amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrant Certificates, Warrants and making any modification in the form of the Warrant Certificates which Certificate that does not affect the substance thereof; modifying 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 modification amendment 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 modification amendment or relief in no way prejudices impairs 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 which that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and 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, mistakes errors 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. Successor Companies In the case of the amalgamation, consolidation, amalgamationarrangement, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to or with another corporation person (a "successor corporationcompany"), the successor corporation company resulting from such the amalgamation, consolidation, amalgamationarrangement, merger or transfer (if not the Company) shall expressly assume, be bound by the provisions hereof and all obligations for the due and punctual performance and observance of each and every covenant and obligation contained in this Indenture to be performed by the Company and the successor company shall by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Companyexpressly assume those obligations.

Provision for Supplemental Indentures for Certain Purposes. From time to time time, the Company Corporation (when properly authorized by action by of the Directorsdirectors) and the Warrant Agent may, subject to the provisions hereof, hereof and they shall, when so directed in accordance with the provisions hereof and regulatory approvalhereof, 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: providing for the issue of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent, relying on advice of Counsel; setting forth any adjustments resulting from the application of the 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)Article 4; adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion 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, prejudicial to the rights or interests of the Warrantholders as a groupRegistered Warrantholders; giving effect to all any Extraordinary Resolution passed as provided in Article 9Section 7.11; making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunderhereunder 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 rights or interests of the Warrantholders as a groupRegistered Warrantholders; adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrant CertificatesWarrants, 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 or Indenture, including relieving the Company 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 or interests 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 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, 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 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, mistakes or omissions herein, provided that in the opinion of the Warrant Agent, relying on the advice of Counsel, the rights or interests of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby. Successor Companies In the case of the consolidation, amalgamation, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation ("successor corporation"), the successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Company) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company.

Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation and the Guarantor (when properly authorized by action by the resolutions of their respective Directors) and the Warrant Agent Trustee may, subject to the provisions hereof, and they shall, when so directed in accordance with by the provisions hereof and regulatory approvalhereof, execute and deliver by their proper officers, indentures, officers indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes: adding to the covenants of the Corporation herein contained for the protection of the holders of the Notes or providing for Events of Default in addition to those herein specified or both; evidencing the issue succession or successive successions of additional Warrants hereunder Successors and any consequential amendments hereto as may be required the covenants of and obligations assumed by the Warrant Agent, relying on advice of Counsel; setting forth any adjustments resulting from the application of such Successors in accordance with the provisions of Section 5.1 Article Seven; giving effect to any Extraordinary Resolution passed as provided in Article Eight; if and whenever required by any provision hereof, for hypothecating, mortgaging, pledging, charging, assigning or transferring to, or vesting in, the Trustee any of the undertaking, property or assets then owned or thereafter acquired by the Corporation 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)part thereof; adding to the provisions hereof such additional covenants covenants, enforcement provisions, release provisions and enforcement other provisions as, in the opinion 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, prejudicial to the rights or interests of the Warrantholders as a group; giving effect to all Extraordinary Resolution passed as provided in Article 9; 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 notthat, in the opinion of the Warrant AgentTrustee, relying who may rely on the advice opinion of Counsel, the same are not materially prejudicial to the rights or interests of the Warrantholders as holders of the Notes; making any modification of any of the provisions of this Indenture or the Notes which is of a groupformal, minor or technical nature; making any additions to, deletions from or alterations of the provisions of this Indenture (including any of the terms and conditions of the Notes) which in the opinion of the Trustee, who may rely on the opinion of Counsel, are not materially prejudicial to the interests of the holders of the Notes and which are necessary or advisable in order to incorporate, reflect or comply with any legislation the provisions of which apply to this Indenture; adding to or altering the provisions hereof in respect of the transfer of Warrants, making Notes including provision for the exchange of Warrant Certificates, Notes of different denominations and making any modification in the form of the Warrant Certificates Notes which does not affect the substance thereof; modifying any of the provisions of this Indenture or 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 ifthereof and which, in the opinion of the Warrant AgentTrustee, relying who may rely on the advice opinion of Counsel, such modification or relief in no way prejudices any of is not materially prejudicial to the rights or interests of the Warrantholders as a group or holders of the Warrant AgentNotes; correcting or rectifying any ambiguities, defective provisions, errors or omissions herein, provided that, in the opinion of the Trustee, who may rely on the opinion of Counsel, the rights of the Trustee 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 holders of the Notes are not afford adequate protection to the Warrant Agent when the same shall become operativematerially prejudiced thereby; and for any other purpose not inconsistent with the terms of this IndentureIndenture provided that, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors, mistakes or omissions herein, provided that in the opinion of the Warrant AgentTrustee, relying who may rely on the advice opinion of Counsel, the rights or interests of the Warrant Agent Trustee and of the Warrantholders as a group holders of the Notes are in no way not materially prejudiced thereby. Successor Companies In the case of the consolidation, amalgamation, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to another corporation ("successor corporation"), the successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Company) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Company.

Provision for Supplemental Indentures for Certain Purposes. From time to time the Company Corporation (when properly authorized by action by of the Directorsdirectors of the Corporation) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof and regulatory approvalhereof, execute and deliver by their proper directors or officers, indentures, indentures or instruments supplemental hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes: providing for the issue of additional Warrants hereunder and any consequential amendments hereto as may be required by the Warrant Agent, relying on advice of Counsel; (a) setting forth any adjustments resulting from the application of the 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 Article 4; (including the rules of any stock exchange or over-the-counter market on which the Common Shares are then listed or quoted for trading); b) adding to the provisions hereof such additional covenants and enforcement provisions as, in the opinion of 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 Counsel, prejudicial to the rights or interests of the Warrantholders as a groupRegistered Warrantholders; (c) giving effect to all Extraordinary Resolution any extraordinary resolution passed as provided in Article 97; (d) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunderhereunder 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 Counsel, prejudicial to the rights or interests of the Warrantholders as a groupRegistered Warrantholders; (e) adding to or altering the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrant CertificatesWarrants, 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 or Indenture, including relieving the Company 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, Agent relying on the advice of Counsel, such modification or relief in no way prejudices any of the rights or interests 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 which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; (g) modifying any of the provisions of this Indenture as may be necessary (or, to the extent such modifications are not, in the opinion of the Warrant Agent relying on the advice of Counsel, prejudicial to the interests of the Registered Warrantholders, desirable) to comply with the provisions of any regulatory or taxing legislation applicable to the Corporation; (h) providing for the issuance of additional Warrants hereunder, including Warrants in excess of the number set out in Article 2 and any consequential amendments hereto as may be required by the Warrant Agent relying on the advice of Counsel; and (i) 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, mistakes or omissions herein, provided that in the opinion of the Warrant Agent, Agent relying on the advice of Counsel, Counsel the rights or interests of the Warrant Agent and of the Registered Warrantholders as a group are in no way prejudiced thereby. Successor Companies In Notwithstanding anything to the case contrary in this Indenture, no supplement or amendment to this Indenture or to the provisions of the consolidation, amalgamation, merger or transfer Warrants may be made without the prior consent of the undertaking TSX or assets of NYSE (or such other stock exchange on which the Company as an entirety or substantially as an entirety to another corporation ("successor corporation"Common Shares may be listed for trading), the successor corporation resulting from such consolidation, amalgamation, merger or transfer (if not the Company) shall expressly assume, by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Companyrequired.

Provision for Supplemental Indentures for Certain Purposes. From time to time the Company (when if properly authorized by action by the Directorsits directors) and the Warrant Agent may, subject to the provisions hereof, and they shall, when so directed in accordance with the provisions hereof and regulatory approvalhereof, 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: providing for the issue issuance of additional Warrants hereunder including Warrants in excess of the number set out in Section Error: Reference source not found and any consequential amendments hereto as may be required by the Warrant Agent, relying on the advice of Counselcounsel; setting forth any adjustments resulting from in the application of the 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)Article 2; 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; giving effect to all Extraordinary Resolution any extraordinary resolution passed as provided in Article 96; 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; adding to or altering amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrant Certificates, Warrants and making any modification in the form of the Warrant Certificates which Certificate that does not affect the substance thereof; modifying 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 modification amendment 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 modification amendment or relief in no way prejudices impairs 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 which that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and 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, mistakes errors 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. Successor Companies In the case of the amalgamation, consolidation, amalgamationarrangement, merger or transfer of the undertaking or assets of the Company as an entirety or substantially as an entirety to or with another corporation person (a "successor corporationcompany"), the successor corporation company resulting from such the amalgamation, consolidation, amalgamationarrangement, merger or transfer (if not the Company) shall expressly assume, be bound by the provisions hereof and all obligations for the due and punctual performance and observance of each and every covenant and obligation contained in this Indenture to be performed by the Company and the successor company shall by supplemental indenture satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Indenture to be performed and observed by the Companyexpressly assume those obligations.