Common use of Replacement of Debentures Clause in Contracts

Replacement of Debentures. Subject to section 2.11, if any of the Debentures issued hereunder shall become mutilated or be lost, stolen or destroyed, and in the absence of notice that such Debenture has been acquired by a good faith purchaser within the meaning of the Business Corporations Act (British Columbia), the Company, in its discretion, may issue, and thereupon the Debenture Trustee shall certify and deliver, a replacement Debenture of like date and tenor as the one mutilated, lost, stolen or destroyed in exchange for and in place of and upon surrender and cancellation of such mutilated Debenture, or, in the case of a lost, stolen or destroyed Debenture, in lieu of and in substitution for the same, and the substituted Debenture shall be in a form of the Debenture attached as Schedule "A" hereto and shall be entitled to the benefits of this Debenture Indenture and rank equally with all other Debentures issued or to be issued hereunder. In case of loss, theft or destruction, the applicant for a substituted Debenture shall furnish to the Company and to the Debenture Trustee such evidence of such loss, theft or destruction as shall be satisfactory to them in their discretion and shall also furnish an indemnity and a third party bond indemnity in amount and form satisfactory to the Company and the Debenture Trustee in their discretion. The applicant shall pay all expenses incidental to the issuance of any such new Debenture.

Replacement of Debentures. Subject to section 2.11, if If any of the Debentures issued hereunder shall become mutilated or be lost, stolen or destroyed, and in the absence of notice that such Debenture has been acquired by a good faith purchaser within the meaning of the Business Corporations Act (British Columbia), the Company, Corporation in its discretion, discretion may issue, and thereupon the Debenture Trustee shall certify and deliver, a replacement new Debenture of like date and tenor as the one mutilated, lost, stolen or destroyed in exchange for and in place of and upon surrender and cancellation of such the mutilated Debenture, or, in the case of a lost, stolen or destroyed Debenture, in lieu of and in substitution for the same, and the substituted Debenture shall be in a form of approved by the Debenture attached as Schedule "A" hereto Trustee and the Holder thereof shall be entitled to the benefits of this Debenture Indenture and rank equally with all other Debentures issued or to be issued hereunder. In case of loss, theft or destruction, destruction the applicant for a substituted new Debenture shall furnish to the Company Corporation and to the Debenture Trustee such evidence of such loss, theft or destruction as shall be satisfactory to them in their discretion and shall also furnish an indemnity and a third party surety bond indemnity in amount and form satisfactory to the Company Corporation and the Debenture Trustee in their discretion. The applicant shall pay all reasonable expenses incidental to the issuance of any such new Debenture.

Replacement of Debentures. Subject to section 2.11, if If any of the Debentures issued hereunder shall become mutilated or be lost, stolen or destroyed, destroyed and in the absence of notice that such Debenture has Debentures have been acquired by a good faith purchaser within the meaning of the Business Corporations Act (British ColumbiaOntario), the Company, Corporation in its discretion, discretion may issue, and thereupon the Debenture Trustee shall certify and deliver, a replacement new Debenture of like date and tenor as the one mutilated, lost, stolen or destroyed in exchange for and in place of and upon surrender and cancellation of such the mutilated Debenture, or, in the case of a lost, stolen or destroyed Debenture, in lieu of and in substitution for the same, and the substituted Debenture shall be in a form of approved by the Debenture attached as Schedule "A" hereto Trustee and shall be entitled to the benefits of this Debenture Indenture and rank equally with all other Debentures issued or to be issued hereunder. In case of loss, theft or destructiontheft, destruction the applicant for a substituted new Debenture shall furnish to the Company Corporation and to the Debenture Trustee such evidence of such loss, theft or destruction as shall be satisfactory to them in their discretion and shall also furnish an indemnity and a third party bond indemnity in amount and form satisfactory to the Company and the Debenture Trustee them in their discretion. The applicant shall pay all expenses incidental to the issuance of any such new Debenture.

Replacement of Debentures. Subject to section 2.11, if If any of the Debentures issued hereunder Debenture shall become mutilated or be lost, stolen or destroyed, destroyed and in the absence of notice that such Debenture has been acquired by a good faith purchaser within the meaning of the Business Corporations Act (British ColumbiaOntario), the CompanyCorporation shall, in its discretionsubject to the applicant for a new Debenture complying with the provisions of this section 2.12, may issue, and thereupon the Debenture Trustee shall certify and deliverdeliver to such applicant, a replacement new Debenture of like date and tenor as the one mutilated, lost, stolen or destroyed in exchange for and in place of and upon surrender and cancellation of such the mutilated Debenture, or, in the case of a lost, stolen or destroyed Debenture, in lieu of and in substitution for the same, and the substituted new Debenture shall be in a form of approved by the Debenture attached as Schedule "A" hereto Trustee and shall be entitled to the benefits of this Debenture Indenture and rank equally with all other Debentures issued or to be issued hereunder. In case cases of loss, theft or destruction, the applicant for a substituted new Debenture shall furnish to the Company Corporation and to the Debenture Trustee such evidence of such loss, theft or destruction as shall be satisfactory to them in their discretion and shall also furnish an indemnity and a third party bond indemnity in amount and form satisfactory to the Company and the Debenture Trustee them in their discretion. The applicant shall pay all expenses incidental to the issuance of any such new Debenture.

Replacement of Debentures. Subject to section 2.11, if In case any of the Debentures issued hereunder shall become mutilated or defaced, or be lost, stolen or destroyed, destroyed and in the absence of notice that such Debenture has Debentures have been acquired by a good faith bona fide purchaser (within the meaning of the Canada Business Corporations Act (British ColumbiaAct), the Company, in its discretion, may issue, Company shall issue and thereupon the Debenture Trustee shall certify and deliver, deliver a replacement new Debenture of like date and tenor as the one mutilated, defaced, lost, stolen or destroyed in exchange for and in place of and upon surrender and cancellation of such mutilated Debenture, or, in the case of a lost, stolen or destroyed Debenture, defaced Debenture or in lieu of and in substitution for the samesuch lost, stolen or destroyed Debenture and the substituted new Debenture shall be in a form of approved by the Trustee and the new Debenture attached as Schedule "A" hereto and shall be entitled to the benefits of this Debenture Indenture benefit hereof and rank equally in accordance with its terms with all other Debentures issued or to be issued hereunder. In The applicant for the issue of a new Debenture shall bear the cost of the issue thereof and in case of loss, destruction or theft or destructionshall, as a condition precedent to the applicant for a substituted Debenture shall issue thereof, furnish to the Company and to the Debenture Trustee such evidence of such ownership and of the loss, destruction or theft of the Debenture so lost, destroyed or destruction stolen as shall be satisfactory to them the Company and the Trustee in their discretion and shall such applicant may also be required to furnish an indemnity and a third party bond indemnity in amount and form satisfactory to the Company and the Debenture Trustee in their discretion. The applicant , and shall pay all expenses incidental to the issuance reasonable charges of any such new Debenturethe Company and the Trustee in connection therewith.