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

Provisions for Supplemental Indentures for Certain Purposes. From time to time the Trustee, the Guarantor and the Issuer may, and they shall when required by this Guarantee, execute, acknowledge 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) evidencing the succession, or successive succession, of Successors to the Guarantor or the Issuer and the covenants of and obligations assumed by such Successors in accordance with the provisions of Section 3.2; (b) giving effect to any Extraordinary Resolution passed in accordance with Article 5; (c) making such provisions not inconsistent with this Guarantee as may be necessary or desirable with respect to matters or questions arising hereunder and which, in the opinion of the Trustee, relying on the opinion of Counsel acting reasonably, it may be expedient to make, provided that the Trustee shall be of the opinion, relying on the opinion of Counsel, that such provisions and modifications will not be prejudicial to the interests of the Noteholders; (d) adding to the covenants of the Guarantor herein contained consistent with the provisions hereof for the protection of the Noteholders and/or providing for Events of Default in addition to those herein specified; (e) to ensure or further ensure that the Note Obligations are complied with consistent with the provisions hereof, which it shall have been advised by Counsel are required; (f) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to this Guarantee and to add to or change any of the provisions of this Guarantee as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee with the consent of the Trustee, Midas and the Company, acting reasonably; or (g) to supplement any of the provisions of this Guarantee to such extent as shall be necessary to permit or facilitate the termination pursuant to Section 4.1 consistent with the provisions hereof; provided that in the opinion of the Trustee, acting reasonably and relying upon an opinion of Counsel, any such action shall not adversely affect and will not be prejudicial to the interests of the Noteholders in any material respect; or (h) for any other purpose not inconsistent with the terms of this Guarantee, including the correction or rectification of any errors, ambiguities or omissions in this Guarantee, provided that in the opinion of the Trustee, acting reasonably and relying on the opinion of Counsel, such modifications will not be prejudicial to the interests of the Noteholders. Unless the supplemental indenture requires the consent or concurrence of Noteholders pursuant to Section 7.2, the consent or concurrence of Noteholders shall not be required in connection with the execution, acknowledgement or delivery of a supplemental indenture as noted above. The Trustee may also, without the consent or concurrence of the Noteholders, by supplemental indenture or otherwise, concur with the Guarantor and the Issuer in making any changes or corrections in this Guarantee which it shall have been advised by Counsel are required for the purpose of curing or correcting any ambiguity or defective or inconsistent provisions or clerical omissions or mistakes or manifest errors contained herein or in any deed or indenture supplemental or ancillary hereto, provided that in the opinion of the Trustee, relying on the opinion of Counsel, the rights of the Trustee and of the Noteholders are in no way prejudiced thereby.

Provisions for Supplemental Indentures for Certain Purposes. From time to time the Trustee, the Guarantor Trustee and the Issuer Company may, and they shall when required by this GuaranteeTrust Indenture, execute, acknowledge 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) establishing the terms and conditions attaching to a series or issue of Debentures or Additional Debentures; (b) mortgaging, pledging, transferring, assuring and confirming to or vesting in the Trustee, or charging in favour of the Trustee, any property or assets now owned or hereafter acquired by the Company; (c) evidencing the succession, or successive succession, of Successors successors to the Guarantor or the Issuer Company and the covenants of and obligations assumed by such Successors successors in accordance with the provisions of Section 3.2Article VIII; (bd) giving effect to any Extraordinary Resolution extraordinary resolution passed as provided in accordance with Article 5IX; (ce) making such provisions not inconsistent with this Guarantee Trust 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 or any series thereof or to facilitate their sale on any stock exchange provided that such provisions are not, in the opinion of the Trustee, prejudicial to the interests of the debenture holders; (f) adding to or altering the provisions hereof in respect of the registration and transfer of Debentures including provision for the issue of Debentures of denominations other than those herein provided for, the exchange of Debentures of different denominations and making any modification in the form of the Debentures which does not affect the substance thereof and which, in the opinion of the Trustee, relying on is not prejudicial to the opinion interests of Counsel acting reasonablythe debenture holders; (g) adding limitations or restrictions, it may thereafter to be expedient to makeobserved, upon the amount, dates of maturity, issue or the purposes of the issue of Debentures hereunder or upon the dealing with the property of the Company; provided that the Trustee shall be of the opinion, relying on the opinion of Counsel, that such provisions and modifications will further limitations or restrictions shall not be prejudicial to the interests of the Noteholdersdebenture holders; (dh) adding to the covenants of the Guarantor Company herein contained consistent with the provisions hereof for the protection of the Noteholders holders of the Debentures and/or providing for Events of Default in addition to those herein specified; (ei) making such amendments, deletions or alterations to ensure or further ensure that the Note Obligations are complied with consistent with the provisions hereofSections 12.10 to 12.17, which it shall have been advised by Counsel are required; (f) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to this Guarantee and to add to or change any of the provisions of this Guarantee as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee with inclusive, without the consent of the Trusteedebenture holders, Midas as may be considered necessary or desirable by the Company and the Company, acting reasonablyTrustee to give effect to any applicable legislation or regulation; (j) providing that the terms of any covenant or other provision is applicable and has effect only so long as any one or more particular series or issue of Debentures remains outstanding or restricting the benefit of any covenant or other provision to one or more particular series or issue of Debentures; provided that the Trustee shall be of the opinion that the interests of holders of Debentures outstanding on the date of the supplemental indenture for any such purpose shall not be prejudiced thereby; or (g) to supplement any of the provisions of this Guarantee to such extent as shall be necessary to permit or facilitate the termination pursuant to Section 4.1 consistent with the provisions hereof; provided that in the opinion of the Trustee, acting reasonably and relying upon an opinion of Counsel, any such action shall not adversely affect and will not be prejudicial to the interests of the Noteholders in any material respect; or (hk) for any other purpose not inconsistent with the terms of this GuaranteeTrust Indenture, including the correction or rectification of any errors, ambiguities or omissions in this Guarantee, provided that in the opinion of the Trustee, acting reasonably and relying on the opinion of Counsel, such modifications will not be prejudicial to the interests of the Noteholders. Unless the supplemental indenture requires the consent or concurrence of Noteholders pursuant to Section 7.2, the consent or concurrence of Noteholders shall not be required in connection with the execution, acknowledgement or delivery of a supplemental indenture as noted aboveTrust Indenture. The Trustee may also, without the consent or concurrence of the Noteholdersdebenture holders, by supplemental indenture or otherwise, concur with the Guarantor and the Issuer Company in making any changes or corrections in this Guarantee Trust Indenture which it shall have been advised by Counsel are required for the purpose of curing or correcting any ambiguity or defective or inconsistent provisions or clerical omissions or mistakes or manifest errors contained herein or in any deed or indenture supplemental or ancillary hereto, provided that in the opinion of the Trustee, relying on the opinion of Counsel, Trustee the rights of the Trustee and of the Noteholders debenture holders are in no way prejudiced thereby.

Provisions for Supplemental Indentures for Certain Purposes. From time to time the Trustee, Corporation when authorized by a resolution of its directors (which resolution may provide general terms or parameters for such action and may provide that the Guarantor specific terms of such action may be determined in accordance with or pursuant to a Certificate or Written Order of the Corporation) and the Issuer Trustee may, subject to the provisions of these presents, and they shall shall, when required so directed by this Guaranteethese presents, execute, acknowledge 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) creating and establishing the terms of any series of Debt Securities as permitted hereby and the forms and denominations in which they may be issued as provided in Article 2; (b) mortgaging, pledging, transferring, assuring and confirming to or vesting in the Trustee, or charging in favour of the Trustee, any property or assets now owned or hereafter acquired by the Corporation; (c) evidencing the succession, or successive succession, succession of Successors successor companies to the Guarantor or the Issuer Corporation and the covenants of and obligations assumed by such Successors successor companies in accordance with the provisions of Section 3.2Article 8; (bd) giving effect to any Extraordinary Resolution extraordinary resolution passed as provided in accordance with Article 59; (ce) making such provisions not inconsistent with this Guarantee 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 Debt Securities or any series thereof or to facilitate their sale on any stock exchange provided that such provisions are not, in the opinion of the Trustee, prejudicial to the interest of the Debt Security holders; (f) adding to or altering the provisions hereof in respect of the registration and transfer of Debt Securities including provision for the issue of Debt Securities of different denominations, the exchange of Debt Securities of different denominations and making any modification in the form of the Debt Securities and coupons which does not affect the substance thereof and which, in the opinion of the Trustee, relying on is not prejudicial to the opinion interest of Counsel acting reasonablythe Debt Security holders; (g) adding limitations or restrictions, it may thereafter to be expedient to makeobserved, upon the amount, dates of maturity, issue or the purposes of the issue of Debt Securities hereunder or upon the dealing with the property of the Corporation, provided that the Trustee shall be of the opinion, relying on the opinion of Counsel, that such provisions and modifications will further limitations or restrictions shall not be prejudicial to the interests interest of the NoteholdersDebt Security holders; (dh) adding to the covenants of the Guarantor Corporation herein contained consistent with the provisions hereof for the protection of the Noteholders holders of the Debt Securities and/or providing for Events of Default in addition to those herein specified; (ei) making such amendments, deletions or alterations to ensure or further ensure that the Note Obligations are complied with consistent with the provisions hereofSections 11.10 to 11.16, which it shall have been advised by Counsel are required; (f) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to this Guarantee and to add to or change any of the provisions of this Guarantee as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee with inclusive, without the consent of the TrusteeDebt Security holders, Midas as may be considered necessary or desirable by the Corporation and the Company, acting reasonably; orTrustee to give effect to any applicable legislation or regulation; (gj) providing that the terms of any covenant or other provision is applicable and has effect only so long as any one or more particular series of Debt Securities remains outstanding or restricting the benefit of any covenant or other provision to supplement any one or more particular series of Debt Securities, provided that the Trustee shall be of the provisions opinion that the interest of this Guarantee to such extent as shall be necessary to permit or facilitate holders of Debt Securities outstanding on the termination pursuant to Section 4.1 consistent with the provisions hereof; provided that in the opinion date of the Trustee, acting reasonably and relying upon an opinion of Counsel, supplemental indenture for any such action purpose shall not adversely affect and will not be prejudicial to the interests of the Noteholders in any material respectprejudiced thereby; orand (hk) for any other purpose not inconsistent with the terms of this Guaranteehereof, including the correction or rectification of any errors, ambiguities ambiguities, defective provisions or omissions in this GuaranteeIndenture, provided that such corrections or rectifications shall in the opinion of the Trustee, acting reasonably and relying on the opinion of Counsel, such modifications will not be prejudicial to the interests of the Noteholders. Unless the supplemental indenture requires the consent or concurrence of Noteholders pursuant to Section 7.2, the consent or concurrence of Noteholders shall not be required Trustee in connection with the execution, acknowledgement or delivery of a supplemental indenture as noted above. The Trustee may also, without the consent or concurrence of the Noteholders, by supplemental indenture or otherwise, concur with the Guarantor and the Issuer in making any changes or corrections in this Guarantee which it shall have been advised by Counsel are required for the purpose of curing or correcting any ambiguity or defective or inconsistent provisions or clerical omissions or mistakes or manifest errors contained herein or in any deed or indenture supplemental or ancillary hereto, provided that in the opinion of the Trustee, relying on the opinion of Counsel, no way prejudice the rights of the Trustee and or of the Noteholders are in no way prejudiced therebyDebt Security holders hereunder pursuant to Section 6.12 or otherwise.

Provisions for Supplemental Indentures for Certain Purposes. From time to time the Trustee, Corporation (when authorized by the Guarantor Directors) and the Issuer Trustee may, subject to the provisions hereof, and they shall shall, when required by this Guaranteeso directed in accordance with the provisions hereof, execute, acknowledge execute and deliver by their proper officers, indentures or instruments supplemental hereto hereto, which thereafter shall form part hereof, for any one or more or all of the following purposes: (a) evidencing setting forth any adjustments resulting from the succession, or successive succession, application of Successors to the Guarantor or the Issuer and the covenants of and obligations assumed by such Successors in accordance with the provisions of Section 3.2Article 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 Trustee prejudicial to the interests of the Warrantholders; (c) giving effect to any Extraordinary Resolution passed as provided in accordance with Article 57; (cd) making such provisions not inconsistent with this Guarantee Indenture as may be necessary or desirable with respect to matters or questions arising hereunder and whichhereunder, provided that such provisions are not, in the opinion of the Trustee, relying on the opinion of Counsel acting reasonably, it may be expedient to make, provided that the Trustee shall be of the opinion, relying on the opinion of Counsel, that such provisions and modifications will not be prejudicial to the interests of the Noteholders; (d) adding to the covenants of the Guarantor herein contained consistent with the provisions hereof for the protection of the Noteholders and/or providing for Events of Default in addition to those herein specifiedWarrantholders; (e) adding to ensure or further ensure that the Note Obligations are complied with consistent with altering the provisions hereofhereof in respect of the transfer of Warrants, making provisions for the exchange of Warrants, and making any modification in the form of the Warrants which it shall have been advised by Counsel are requireddoes not affect the substance thereof; (f) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to this Guarantee and to add to or change modifying any of the provisions of this Guarantee as shall be necessary to provide for Indenture, or facilitate relieving the administration of the trusts hereunder by more than one trustee with the consent of the Trustee, Midas and the Company, acting reasonably; or (g) to supplement Corporation from any of the provisions of this Guarantee to obligations, conditions or restrictions herein contained, provided that such extent as modification or relief shall be necessary to permit or facilitate the termination pursuant to Section 4.1 consistent with the provisions hereof; provided that become operative or effective only if, in the opinion of the Trustee, acting reasonably such modification or relief in no way prejudices any of the rights of the Warrantholders or of the Trustee, and relying upon an opinion of Counsel, provided further that the Trustee may in its sole discretion decline to enter into any such action supplemental indenture which in its opinion may not afford adequate protection to the Trustee when the same shall become operative, provided that, notwithstanding any other provision of this Indenture, an extension of the Expiry Date when requested by the Corporation and approved by the CDNX shall be deemed not adversely affect and will not to be prejudicial to the interests rights of the Noteholders in Warrantholders and the Trustee may not decline to enter into any material respect; orsuch supplemental warrant indenture which only provides for such an extension; (hg) for any other purpose not inconsistent with the terms of this GuaranteeIndenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors, ambiguities mistakes or omissions in this Guaranteeherein, provided that in the opinion of the Trustee, acting reasonably and relying on the opinion of Counsel, such modifications will not be prejudicial to the interests of the Noteholders. Unless the supplemental indenture requires the consent or concurrence of Noteholders pursuant to Section 7.2, the consent or concurrence of Noteholders shall not be required in connection with the execution, acknowledgement or delivery of a supplemental indenture as noted above. The Trustee may also, without the consent or concurrence of the Noteholders, by supplemental indenture or otherwise, concur with the Guarantor and the Issuer in making any changes or corrections in this Guarantee which it shall have been advised by Counsel are required for the purpose of curing or correcting any ambiguity or defective or inconsistent provisions or clerical omissions or mistakes or manifest errors contained herein or in any deed or indenture supplemental or ancillary hereto, provided that in the opinion of the Trustee, relying on the opinion of Counsel, the rights of the Trustee and of the Noteholders Warrantholders are in no way prejudiced thereby.