Common use of PROVISION FOR SUPPLEMENTAL INDENTURES Clause in Contracts

PROVISION FOR SUPPLEMENTAL INDENTURES. From time to time the Trustee and the Corporation may, subject to the provisions hereof, and it shall, when so directed in accordance with the provisions hereof, execute and deliver by its 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) giving effect to any amendment as provided in Article 9; (b) giving effect to any Special Resolution passed as provided in Article 10; (c) making such provision 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 Trustee, prejudicial to the interests of the Unitholders; (d) making any modification in the form of Trust Certificates which does not materially affect the substance thereof; and (e) 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 Trustee, the rights of the Trustee and the Unitholders are not prejudiced thereby; provided that the Trustee may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Trustee when the same shall become operative. Notwithstanding Section 10.5 and the foregoing, on or before the Date of Closing, the Trustee may execute and deliver such indentures or instruments supplemental hereto, which may add to or delete or amend, vary or change any of the provisions hereof, as the Corporation may direct in writing.

Appears in 3 contracts

Samples: Trust Indenture (Harvest Energy Trust), Trust Indenture (Harvest Energy Trust), Trust Indenture (Baytex Energy Trust)

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PROVISION FOR SUPPLEMENTAL INDENTURES. From time to time the Trustee and the Corporation may, subject to the provisions hereof, and it they shall, when so directed in accordance with the provisions hereof, execute and deliver by its 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) giving effect to any amendment as provided in Article 9; (b) giving effect to any Special Resolution passed as provided in Article 10; (c) making such provision 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 Trustee, prejudicial to the interests of the Unitholders; (d) making any modification in the form of Trust Certificates which does not materially affect the substance thereof; and (e) 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 Trustee, the rights of the Trustee and the Unitholders are not prejudiced thereby; provided that the Trustee may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Trustee when the same shall become operative. Notwithstanding Section 10.5 and the foregoing, on or before the Date of Closing, the Trustee may execute and deliver such indentures or instruments supplemental hereto, which may add to or delete or amend, vary or change any of the provisions hereof, as the Corporation may direct in writing. Notwithstanding Section , following any amendments to this Indenture, the parties to the Indenture may enter into an amended and restated version of the Indenture which shall include and give effect to all amendments to the Indenture in effect at the applicable time.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

PROVISION FOR SUPPLEMENTAL INDENTURES. From time to time the Trustee and the Corporation may, subject to the provisions hereof, and it they shall, when so directed in accordance with the provisions hereof, execute and deliver by its 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) giving effect to any amendment as provided in Article 910; (b) giving effect to any Special Resolution passed as provided in Article 1011; (c) making such provision 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 Trustee, prejudicial to the interests of the Unitholders; (d) making any modification in the form of Trust Certificates which does not materially affect the substance thereof; and (e) 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 Trustee, the rights of the Trustee and the Unitholders are not prejudiced thereby; provided that the Trustee may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Trustee when the same shall become operative. Notwithstanding Section 10.5 11.5 and the foregoing, on or before the Date of Closing, the Trustee may execute and deliver such indentures or instruments supplemental hereto, which may add to or delete or amend, vary or change any of the provisions hereof, as the Corporation may direct in writing.

Appears in 1 contract

Samples: Trust Indenture (Canetic Resources Trust)

PROVISION FOR SUPPLEMENTAL INDENTURES. From time to time the Trustee and the Corporation may, subject to the provisions hereof, and it they shall, when so directed in accordance with the provisions hereof, execute and deliver by its 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) giving effect to any amendment as provided in Article 910; (b) giving effect to any Special Resolution passed as provided in Article 1011; (c) making such provision 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 Trustee, prejudicial to the interests of the Unitholders; (d) making any modification in the form of Trust Certificates which does not materially affect the substance thereof; and (e) 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 Trustee, the rights of the Trustee and the Unitholders are not prejudiced thereby; provided that the Trustee may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Trustee when the same shall become operative. Notwithstanding Section 10.5 11.7 and the foregoing, on or before the Date of Closing, the Trustee may execute and deliver such indentures or instruments supplemental hereto, which may add to or delete or amend, vary or change any of the provisions hereof, as the Corporation may direct in writing. Notwithstanding Section 14.1, following any amendments to this Indenture, the parties to the Indenture may enter into an amended and restated version of the Indenture which shall include and give effect to all amendments to the Indenture in effect at the applicable time.

Appears in 1 contract

Samples: Trust Indenture (Enterra Energy Trust)

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PROVISION FOR SUPPLEMENTAL INDENTURES. From time to time the Trustee and the Corporation may, subject to the provisions hereof, and it shall, when so directed in accordance with the provisions hereof, execute and deliver by its 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) giving effect to any amendment as provided in Article 9; (b) giving effect to any Special Resolution passed as provided in Article 10; (c) making such provision 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 Trustee, prejudicial to the interests of the Unitholders; (d) making any modification in the form of Trust Certificates which does not materially affect the substance thereof; and (e) 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 Trustee, the rights of the Trustee and the Unitholders are not prejudiced thereby; provided that the Trustee may in its sole discretion decline to enter into any such supplemental indenture which in its opinion may not afford adequate protection to the Trustee when the same shall become operative. Notwithstanding Section 10.5 and the foregoing, on or before the Date of Closing, the Trustee may execute and deliver such indentures or instruments supplemental hereto, which may add to or delete or amend, vary or change any of the provisions hereof, as the Corporation may direct in writing.

Appears in 1 contract

Samples: Trust Indenture (Harvest Energy Trust)

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