Common use of Rights Agent May Perform Covenants Clause in Contracts

Rights Agent May Perform Covenants. If Pan American fails to perform any of its covenants contained in this Indenture, the Rights Agent, upon receipt of written notice from Pan American of such failure to perform, shall notify the Holders of such failure on the part of Pan American or may itself perform any of the covenants capable of being performed by it but, subject to Article 10, shall be under no obligation to perform said covenants or to notify the Holders that it is doing so. All sums expended or advanced by the Rights Agent in so doing shall be repayable as provided in Section 4.8, but the Rights Agent shall not be required to expend or risk its own funds. No such performance, expenditure or advance by the Rights Agent shall relieve Pan American of any Event of Default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 4 contracts

Samples: Arrangement Agreement (Tahoe Resources Inc.), Arrangement Agreement (Pan American Silver Corp), Arrangement Agreement

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