Common use of Supplemental Indentures and Successor Companies Clause in Contracts

Supplemental Indentures and Successor Companies. 10.1 Provision for Supplemental Indentures for Certain Purposes From time to time the Company (when authorized by the directors) and the Trustee may, subject to the provisions of these presents, and they will, when so directed by these presents, execute and deliver by their proper officers or Directors, as the case may be, indentures or instruments supplemental hereto, which thereafter will form part of this Indenture, for any one or more or all of the following purposes: (a) setting forth any adjustments resulting from the application of the provisions of Section 6; (b) adding hereto such additional covenants and enforcement provisions as in the opinion of counsel are necessary or advisable, and are not in the opinion of the Trustee, based on the advice of counsel, prejudicial to the interests of the Warrantholders; (c) giving effect to any Special Resolution passed as provided in Section 9; (d) making any modification in the form of the Series A Warrant Certificate or Series B Warrant Certificate which, in the opinion of counsel for the Company, does not affect the substance thereof and is allowed by the Regulatory Authorities; (e) making any additions to, deletions from or alterations of the provisions of this Indenture which, in the opinion of the Trustee, based on the advice of its counsel, do not materially and adversely affect the interests of the Warrantholders and are necessary or advisable in order to incorporate, reflect or comply with any Applicable Legislation; (f) evidencing the succession of successor companies to the Company and the covenants of and obligations assumed by such successor companies; (g) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective provisions, errors or omissions in this Indenture, provided that in the opinion of the Trustee, based on the advice of its counsel, the rights of the Trustee or of the Warrantholders are in no way prejudiced thereby.

Supplemental Indentures and Successor Companies. 10.1 7.1 Provision for Supplemental Indentures for Certain Purposes Purposes‌ From time to time the Company (when if properly authorized by the its directors) and the Trustee Warrant Agent may, subject to the prior approval of the TSXV and the provisions of these presentshereof, and they willshall, when so directed by these presentshereby, execute and deliver by their proper officers or Directors, as the case may beofficers, indentures or instruments supplemental hereto, which thereafter will shall form part of this Indenturehereof, for any one or more or all of the following purposes: (a) setting forth providing for the issuance of additional Warrants hereunder and any adjustments resulting from consequential amendments hereto as may be required by the application Warrant Agent, relying on the advice of the provisions of Section 6counsel; (b) setting forth adjustments in the application of Article 2; (c) adding hereto to the provisions hereof such additional covenants and enforcement provisions as as, in the opinion of counsel are necessary or advisable, and provided that the same are not in the opinion of the TrusteeWarrant Agent, based relying on the advice of counsel, prejudicial to the interests of the WarrantholdersWarrantholders as a group; (cd) giving effect to any Special Resolution extraordinary resolution passed as provided in Section 9Article 6; (de) making such provisions not inconsistent with this Indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group; (f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Series A Warrant Certificate or Series B Warrant Certificate which, in the opinion of counsel for the Company, that does not affect the substance thereof and is allowed by the Regulatory Authoritiesthereof; (eg) making amending any additions to, deletions from or alterations of the provisions of this Indenture whichor relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the TrusteeWarrant Agent, based relying on the advice of its counsel, do not materially and adversely affect such amendment or relief impairs any of the interests rights of the Warrantholders as a group or of the Warrant Agent, and are necessary or advisable provided further that the Warrant Agent may in order its sole discretion decline to incorporate, reflect or comply with enter into any Applicable Legislation;supplemental indenture that in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and (f) evidencing the succession of successor companies to the Company and the covenants of and obligations assumed by such successor companies; (gh) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions in this Indentureherein, provided that that, in the opinion of the TrusteeWarrant Agent, based relying on the advice of its counsel, the rights of the Trustee or of Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.

Supplemental Indentures and Successor Companies. 10.1 7.1 Provision for Supplemental Indentures for Certain Purposes From time to time the Company (when if properly authorized by the its directors) and the Trustee Warrant Agent may, subject to the provisions of these presentshereof, and they willshall, when so directed by these presentshereby, execute and deliver by their proper officers or Directors, as the case may beofficers, indentures or instruments supplemental hereto, which thereafter will shall form part of this Indenturehereof, for any one or more or all of the following purposes: (a) setting forth any adjustments resulting from in the application of the provisions of Section 6Article 2; (b) adding hereto to the provisions hereof such additional covenants and enforcement provisions as as, in the opinion of counsel are necessary or advisable, and provided that the same are not in the opinion of the TrusteeWarrant Agent, based relying on the advice of counsel, prejudicial to the interests of the WarrantholdersWarrantholders as a group; (c) giving effect to any Special Resolution extraordinary resolution passed as provided in Section 9Article 6; (d) making such provisions not inconsistent with this indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group; (e) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Series A Warrant Certificate or Series B Warrant Certificate which, in the opinion of counsel for the Company, which does not affect the substance thereof and is allowed by the Regulatory Authoritiesthereof; (ef) making amending any additions to, deletions from or alterations of the provisions of this Indenture whichindenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the TrusteeWarrant Agent, based relying on the advice of its counsel, do not materially and adversely affect such amendment or relief impairs any of the interests rights of the Warrantholders as a group or of the Warrant Agent, and are necessary or advisable provided further that the Warrant Agent may in order its sole discretion decline to incorporate, reflect or comply with enter into any Applicable Legislation; (f) evidencing the succession of successor companies supplemental indenture which in its opinion may not afford adequate protection to the Company and Warrant Agent when the covenants of and obligations assumed by such successor companies;same shall become operative; and (g) for any other purpose not inconsistent with the terms of this Indentureindenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions in this Indentureherein, provided that that, in the opinion of the TrusteeWarrant Agent, based relying on the advice of its counsel, the rights of the Trustee or of Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.

Supplemental Indentures and Successor Companies. 10.1 7.1 Provision for Supplemental Indentures for Certain Purposes From time to time the Company (when if properly authorized by the its directors) and the Trustee Warrant Agent may, subject to the provisions of these presentsthis indenture, and they willshall, when so directed by these presentshereby, execute and deliver by their proper officers or Directors, as the case may beofficers, indentures or instruments supplemental hereto, which thereafter will shall form part of this Indenturehereof, for any one or more or all of the following purposes: (a) setting forth providing for the issuance of additional Warrants hereunder and any adjustments resulting from consequential amendments hereto as may be required by the application Warrant Agent, relying on the advice of the provisions of Section 6counsel; (b) setting forth adjustments in the application of Article 2; (c) adding hereto to the provisions hereof such additional covenants and enforcement provisions as as, in the opinion of counsel are necessary or advisable, and provided that the same are not in the opinion of the TrusteeWarrant Agent, based relying on the advice of counsel, prejudicial to the interests of the WarrantholdersWarrantholders as a group; (cd) giving effect to any Special Resolution extraordinary resolution passed as provided in Section 9Article 6; (de) making such provisions not inconsistent with this indenture as may be necessary or desirable with respect to matters or questions arising hereunder provided that such provisions are not, in the opinion of the Warrant Agent, relying on the advice of counsel, prejudicial to the interests of the Warrantholders as a group; (f) adding to or amending the provisions hereof in respect of the transfer of Warrants, making provision for the exchange of Warrants and making any modification in the form of the Series A Warrant Certificate or Series B Warrant Certificate which, in the opinion of counsel for the Company, which does not affect the substance thereof and is allowed by the Regulatory Authoritiesthereof; (eg) making amending any additions to, deletions from or alterations of the provisions of this Indenture whichindenture or relieving the Company from any of the obligations, conditions or restrictions herein contained, provided that no such amendment or relief shall be or become operative or effective if, in the opinion of the TrusteeWarrant Agent, based relying on the advice of its counsel, do not materially and adversely affect such amendment or relief impairs any of the interests rights of the Warrantholders as a group or of the Warrant Agent, and are necessary or advisable provided further that the Warrant Agent may in order its sole discretion decline to incorporate, reflect or comply with enter into any Applicable Legislation;supplemental indenture which in its opinion may not afford adequate protection to the Warrant Agent when the same shall become operative; and (f) evidencing the succession of successor companies to the Company and the covenants of and obligations assumed by such successor companies; (gh) for any other purpose not inconsistent with the terms of this Indentureindenture, including the correction or rectification of any ambiguities, defective or inconsistent provisions, errors or omissions in this Indentureherein, provided that that, in the opinion of the TrusteeWarrant Agent, based relying on the advice of its counsel, the rights of the Trustee or of Warrant Agent and the Warrantholders as a group are in no way prejudiced thereby.