SUCCESSORS TO THE ISSUER AND SUBSIDIARIES. 66 10.1 Merger, Consolidation, Amalgamation or Sale of Assets 66 ARTICLE 11 CONCERNING THE TRUSTEE 67 11.1 No Conflict of Interest 67 11.2 Replacement of Trustee 67 11.3 Rights and Duties of Trustee 68
SUCCESSORS TO THE ISSUER AND SUBSIDIARIES. 72 11.1 Xxxxxx, Consolidation, Amalgamation or Sale of Assets ......................................72 ARTICLE 12
SUCCESSORS TO THE ISSUER AND SUBSIDIARIES. 71 11.1 Merger, Consolidation, Amalgamation or Sale of Assets 71 ARTICLE 12 CONCERNING THE TRUSTEE 72 12.1 No Conflict of Interest 72 12.2 Replacement of Trustee 72 12.3 Rights and Duties of Trustee 73 12.4 Reliance Upon Declarations, Opinions, etc. 75 12.5 Evidence and Authority to Trustee, Opinions, etc. 76 12.6 Officers’ Certificates Evidence 77 12.7 Experts, Advisers and Agents 77 12.8 Trustee May Deal in Notes 77 12.9 Investment of Monies Held by Trustee 78 12.1 Trustee Not Ordinarily Bound 78 12.11 Trustee Not Required to Give Security 78 12.12 Trustee Not Bound to Act on Issuer’s Request 79 12.13 Conditions Precedent to Trustee’s Obligations to Act Hereunder 79 12.14 Authority to Carry on Business 79 12.15 Compensation and Indemnity 80 12.16 Acceptance of Trust 80 12.17 Anti-Money Laundering 80 12.18 Privacy 81 12.19 Execution of Intercreditor Agreement 82 ARTICLE 13 AMENDMENT, SUPPLEMENT AND WAIVER 82 13.1 Ordinary Consent 82 13.2 Special Consent 82 13.3 Without Consent 82 13.4 Form of Consent 83 13.5 Supplemental Indentures 83 ARTICLE 14 GUARANTEES 84 14.1 Guarantees and Collateral Agent 84 ARTICLE 15 NOTICES 85 15.1 Notice to Issuer 85 15.2 Notice to Holders 85 15.3 Notice to Trustee 86 15.4 Mail Service Interruption 86 ARTICLE 16 MISCELLANEOUS 86 16.1 Copies of Indenture 86 16.2 Force Majeure 86 16.3 Waiver of Jury Trial 86 ARTICLE 17 EXECUTION AND FORMAL DATE 87 17.1 Execution 87 17.2 Formal Date 87 APPENDIX A FORM OF SERIES A SECOND LIEN NOTES / SERIES B SECOND LIEN NOTES APPENDIX B FORM OF GUARANTY APPENDIX C FORM OF DECLARATION FOR REMOVAL OF LEGEND THIS INDENTURE made as of the 7th day of December, 2022. BETWEEN: JUSHI HOLDINGS INC., a company subsisting under the laws of the Province of British Columbia (hereinafter called the “Issuer”); AND ODYSSEY TRUST COMPANY, a trust company incorporated under the laws of the Province of Alberta authorized to carry on the business of a trust company in British Columbia and Alberta (hereinafter called the “Trustee”);
