Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 5 contracts
Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.232.24. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 3 contracts
Purchase of Debentures. (a) Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23Laws. If an Event of Default has occurred and is continuing, the Corporation will not have may purchase all or any of the right to purchase any Debentures except as permitted aforesaid with the exception of by this Indenture. private contract.
(b) If, upon an invitation for tenders, more Debentures are tendered at the same lowest price than the Corporation is prepared to accept are tendered at the same lowest priceaccept, the Debentures to be purchased by the Corporation will be selected by the Indenture Trustee on a pro rata basis and or in consultation with such other manner consented to by the Corporation and in accordance with Applicable Securities LawsTSX (or any other stock exchange on which the Debentures may be listed, if any) which the Indenture Trustee considers appropriate, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part of the Debenture so surrendered, surrendered and the Indenture Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered. The Depository shall make notations on the Global Debenture of the principal amount so purchased.
Appears in 2 contracts
Samples: Indenture (Student Transportation Inc.), Indenture (Student Transportation Inc.)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.233.1. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee may determine acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 2 contracts
Samples: Indenture (CLS Holdings USA, Inc.), Indenture
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Indenture
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the (1) The Corporation may purchase all at any time and or any from time to time purchase all or any of the Debentures in the open market, by pro rata offer or invitation for tenders made to all of the Debentureholders, or otherwise; provided that the price at which the Corporation may purchase the Debentures shall not, except in the case of a purchase in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) pro rata offer or by invitation to tender or by private contractmade to Holders of all Debentures then outstanding, at any price, subject to compliance with Applicable Securities Laws and exceed the provisions principal amount of this Indenture. the Debentures so purchased by the Corporation shall be submitted plus accrued and unpaid interest thereon to the Trustee for cancellation in accordance with Section 2.23. date of purchase plus costs of purchase.
(2) If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, tenders more Debentures are tendered than the Corporation is prepared to accept are tendered at the same lowest priceprice that the Corporation is prepared to accept, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and by lot, or in consultation with such other manner as the Corporation and Trustee, in accordance with Applicable Securities Lawsits discretion, may consider equitable, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this the purpose of such selection, the Trustee may make, and may from time to time amendamend or vary, regulations with respect to the manner in which such Debentures may be so selected, selected and regulations so made shall be valid and binding upon all Debentureholders, Holders of Debentures notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. .
(3) The Holder Corporation may not exercise the right referred to in this section if an Event of any Debenture Default hereunder has occurred and is continuing at the date of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedpurchase.
Appears in 1 contract
Samples: Trust Indenture (Dakota Mining Corp)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.232.21. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose purpose, the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Indenture (C21 Investments Inc.)
Purchase of Debentures. Provided that no (1) Subject to applicable law, the Corporation may at any time, unless an Event of Default hereunder has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender (including a dutch or reverse auction) or by private contract, at any price, subject . Any Debentures purchased pursuant to compliance with Applicable Securities Laws this Section 3.9 shall forthwith be delivered to and the provisions of this Indenture. Debentures so purchased cancelled by the Corporation Trustee and no Debentures shall be submitted to the Trustee for cancellation issued in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. substitution therefor.
(2) If, upon in response to an invitation for tendersto tender, more Debentures are tendered at a price acceptable to the Corporation than the Corporation is prepared to accept are tendered at the same lowest pricepurchase, the Debentures to be purchased by the Corporation will shall be selected by the Trustee on a pro rata basis and in consultation with (to the Corporation and nearest multiple of $1,000) in accordance with Applicable Securities Laws, from the principal amount of Debentures tendered by each tendering Debentureholder holder who tendered at the same price, provided that when Debentures are tendered at different prices, such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations selection shall be effected only with respect to the manner in Debentures tendered at the price at which more Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding were tendered than the fact that as a result thereof one or more such Debentures becomes subject Corporation is prepared to purchase in part onlyafter the Corporation has purchased all the Debentures tendered at lower prices. The Holder holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holderholder, a replacement Debenture one or more new Debentures for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Trustee shall certify and deliver such replacement new Debenture or Debentures upon receipt of the Debenture so surrendered.
Appears in 1 contract
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and Legislation (including, for greater certainty, any applicable rules of the provisions of this IndentureTSX). Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenturesubsection 2.13(b). If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation or, if the Debentures are then listed for trading on a Recognized Stock Exchange, with the Corporation and approval of such Recognized Stock Exchange, in accordance with Applicable Securities Lawssuch other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee considers appropriate, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the Trustee shall, working together with any Depository, make notations on the Global Debenture of the principal amount thereof so purchased.
Appears in 1 contract
Samples: Indenture
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Company may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23Laws. If an Event of Default has occurred and is continuing, the Corporation will not have Company may purchase all or any of the right to purchase any Debentures except as permitted aforesaid with the exception of by this Indentureprivate contract. If, upon an invitation for tenders, more Debentures than the Corporation Company is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Company will be selected by the Indenture Trustee on a in such manner (which may include pro rata basis and in consultation with rata) as the Corporation and in accordance with Applicable Securities LawsIndenture Trustee may deem equitable, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose purpose, the Indenture Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, selected and regulations so made shall be valid and binding upon all DebentureholdersDebentureholders and, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Indenture Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Indenture (Alamos Gold Inc)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23Debentures. If an Event of Default, other than an Event of Default under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee Issuer may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee Issuer shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)
Purchase of Debentures. β Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Indenture
Purchase of Debentures. (1) Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. Legislation regarding issuer bid requirements.
(2) If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a in such manner (which may include pro rata basis and in consultation with rata, by lot or by random selection by computer) as the Corporation and in accordance with Applicable Securities LawsTrustee may deem equitable, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose purpose, the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, selected and regulations so made shall be valid and binding upon all DebentureholdersDebentureholders and, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement new Debenture for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Trustee shall certify and deliver such replacement new Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Indenture (Amvescap PLC/London/)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this IndentureLaws. Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23subsection 2.17(b). If an Event of Default Default, other than an Event of Default, under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the Depository shall make notations on the Global Debenture of the principal amount thereof so purchased.
Appears in 1 contract
Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this IndentureLaws. Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23subsection 2.17(b). If an Event of Default, other than an Event of Default under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the applicable Depository shall make notations on the Global Debenture of the principal amount thereof so purchased.
Appears in 1 contract
Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Company may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchangedealer) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23applicable securities laws. If an Event of Default has occurred and is continuing, the Corporation will not have Company may purchase all or any of the right to purchase any Debentures except as permitted aforesaid with the exception of by this Indentureprivate contract. If, upon an invitation for tenders, more Debentures than the Corporation Company is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Company will be selected by the Trustee on a in such manner as the Company may deem equitable (which may include pro rata basis and rata) as the Trustee will be directed in consultation with writing by the Corporation and in accordance with Applicable Securities LawsCompany, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Certificated Debenture of which a part only is purchased purchased, upon surrender of such Debenture Certificate for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture Certificate for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Trustee Trustee, upon receipt of the written direction of the Company, shall certify Authenticate and deliver such replacement Debenture Certificate upon receipt of the Debenture Certificate so surrendered. All Debentures purchased under this Section 2.22 shall be delivered by the Company to the Trustee for cancellation and the Company shall not reissue any such purchased Debentures.
Appears in 1 contract
Samples: Trust Indenture (Security Devices International Inc.)
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Company may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this IndentureLegislation regarding issuer bid requirements. If, upon an invitation for tenders, more Debentures than the Corporation Company is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Company will be selected by the Trustee on a pro rata basis and in consultation with such manner (which may include random selection by computer) as the Corporation and in accordance with Applicable Securities LawsTrustee may deem equitable, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, selected and regulations so made shall be valid and binding upon all DebentureholdersDebentureholders and, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement new Debenture for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Trustee shall certify and deliver such replacement new Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Purchase of Debentures. β Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee may determine acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Indenture
Purchase of Debentures. 3.2.1 Provided that no Event of Default has occurred and is continuing, the Corporation Company may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock ExchangeExchange or a purchase on the PORTAL Market) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23Laws. If an Event of Default, other than an Event of Default under Subsections 9.1(a) and 9.1(b), has occurred and is continuing, the Corporation will Company may purchase all or any of the Debentures as aforesaid with the exception of by private contract. If an Event of Default under Subsections 9.1(a) and 9.1(b), has occurred and is continuing, the Company may not have the right to purchase any of the Debentures except as permitted by this Indenture. in any manner.
3.2.2 If, upon an invitation for tenders, more Debentures than the Corporation Company is prepared to accept are tendered at the same lowest priceprice which the Company has agreed to pay, the Debentures to be purchased by the Corporation Company will be selected by the Indenture Trustee on a in such manner (which may include pro rata basis and in consultation with rata) as the Corporation and in accordance with Applicable Securities LawsIndenture Trustee may deem equitable, from the Debentures tendered by each tendering Debentureholder who has tendered at such lowest price. For this purpose purpose, the Indenture Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, selected and regulations so made shall be valid and binding upon all DebentureholdersDebentureholders and, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Indenture Trustee shall certify authenticate and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Appears in 1 contract
Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this IndentureLaws. Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23subsection 2.17(b). If an Event of Default, other than an Event of Default under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the Depository shall make notations on the Global Debenture of the principal amount thereof so purchased.
Appears in 1 contract
Purchase of Debentures. Provided that So long as no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the open-market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchangerecognized stock exchange) or by tender or by private contract, at any priceprice and at any time. All Debentures so purchased shall forthwith be delivered to either Trustee and shall be cancelled by it and, subject to compliance with Applicable Securities Laws and the provisions following paragraph of this Indenture. Section 5.5, no Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation issued in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenturesubstitution therefor. If, upon an invitation for tenders, more Debentures are tendered at the same lowest price than the Corporation is prepared to accept are tendered at the same lowest priceaccept, the Debentures to be purchased by the Corporation will shall be selected by the Trustee Trustees, in such manner (which may include selection by lot, selection on a pro rata basis and in consultation with basis, random selection by computer or any other method) as the Corporation and in accordance with Applicable Securities LawsTrustees consider appropriate, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee Trustees may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any a Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture one or more new Debentures for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee Trustees shall certify and deliver such replacement new Debenture or Debentures upon receipt of the Debenture so surrendered.
Appears in 1 contract
Samples: Indenture (Brookfield Renewable Energy Partners L.P.)