SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS Sample Clauses

SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS. 26 9.1 Provision for Supplemental Indentures for Certain Purposes...................................26 9.2
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SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS. 9.1 Provision for Supplemental Indentures for Certain Purposes From time to time WorldHeart (when authorized by the directors) and the Warrant Agent may, subject to the provisions hereof, including without limitation Article 8 hereof, and will when so directed hereby, execute and deliver by their proper officers, indentures or instruments supplemental hereto, which thereafter will form part hereof, for any or all of the following purposes: (a) setting forth any adjustments resulting from the application of the provisions of Article 5; (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 Warrant Agent relying on the opinion of counsel prejudicial to the rights or interests of the Warrantholders as a group; (c) giving effect to any amendment or waiver passed as provided in Article 8; (d) making such provisions not inconsistent with this Indenture as are necessary or desirable with respect to matters or questions arising hereunder, and which are not, in the opinion of the Warrant Agent relying on the opinion of counsel, prejudicial to the rights or interests of the Warrantholders as a group; (e) adding to, deleting or altering the provisions hereof in respect of the transfer of Warrants or the exchange of Warrant Certificates, and making any modification in the form of the Warrant Certificates provided that any such action in the opinion of counsel acceptable to the Warrant Agent does not adversely affect the rights of the Warrantholder; (f) modifying any provision of this Indenture or relieving WorldHeart from any obligation, condition or restriction herein contained, except that no such modification or relief will be or become operative or effective if in the opinion of the Warrant Agent, relying on the opinion of counsel, it would impair any of the rights or interests of the Warrantholders or of the Warrant Agent, and the Warrant Agent may in its uncontrolled discretion decline to enter into any such supplemental indenture which in its opinion will not afford adequate protection to the Warrant Agent when it becomes operative; and (g) for any other purpose not inconsistent with the terms of this Indenture, including the correction or rectification of any ambiguity, defective or inconsistent provision, error or omission herein, if in the opinion of the Warrant Agent relying on the opinion of counsel, the rights of the Warrant Agent and of the Warranth...
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SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS. 34 Section 9.01 Provision for Supplemental Indentures for Certain Purposes 34 Section 9.02 Successor Corporations 35 ARTICLE 10 ANTI-MONEY LAUNDERING 35 Section 10.01 Use of Accounts 35 Section 10.02 Right of Subscription Receipt Agent to Resign 36 Section 10.03 Force Majeure 36 ARTICLE 11 PRIVACY 36 Section 11.01 Privacy 36 ARTICLE 12 CONCERNING SUBSCRIPTION RECEIPT AGENT 37 Section 12.01 Applicable Laws 37 Section 12.02 Rights and Duties of Subscription Receipt Agent 37 Section 12.03 Evidence, Experts and Advisers 38 Section 12.04 Documents, Money, Etc. held by Subscription Receipt Agent 39 Section 12.05 Action by Subscription Receipt Agent to Protect Interests 39 Section 12.06 Subscription Receipt Agent not Required to Give Security 39 Section 12.07 Protection of Subscription Receipt Agent 39 Section 12.08 Replacement of Subscription Receipt Agent 41 Section 12.09 Acceptance of Duties and Obligations 42 ARTICLE 13 GENERAL 42 Section 13.01 Notice to the Company and Subscription Receipt Agent 42 Section 13.02 Notice to Subscription Receiptholders 44 Section 13.03 Satisfaction and Discharge of Indenture 45 Section 13.04 Sole Benefit of Parties and Subscription Receiptholders 45 Section 13.05 Discretion of Directors 45 Section 13.06 Counterparts and Formal Date 45 SCHEDULE A - FORM OF SUBSCRIPTION RECEIPT CERTIFICATE ............................................................A-1 SCHEDULE B - FORM OF RELEASE NOTICE AND DIRECTION ...................................................................B-1 SCHEDULE C - FORM OF DECLARATION FOR REMOVAL OF LEGEND....................................................C-1 THIS INDENTURE dated as of the 9th day of December, 2020. Business Corporations Act (British Columbia) (hereinafter called the “Company”) LEVIATHAN GOLD LTD., a company incorporated under the provisions of the Business Corporations Act (British Columbia) (hereinafter called “Leviathan”) (hereinafter called “Clarus”) (hereinafter called the “Subscription Receipt Agent”)
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SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS. 35 9.1 PROVISION FOR SUPPLEMENTAL INDENTURES FOR CERTAIN PURPOSES.35 9.2
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SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS. 25 9.2 Rights and Duties of Trustee 26 9.3 Evidence, Experts and Advisers 27 9.4 Documents, Money, Etc. held by Trustee 28 9.5 Action by Trustee to Protect Interests 28 9.6 Trustee not Required to Give Security 28 9.7 Protection of Trustee 28 9.8 Replacement of Trustee 29 9.9 Conflict of Interest 30 9.10 Acceptance of Duties and Obligations 30
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SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS. 30 9.1 Provision for Supplemental Indentures for Certain Purposes 30 9.2 Successor Corporations 31 Back to Contents ARTICLE 10 CONCERNING THE WARRANT AGENT 31 10.1 Trust Indenture Legislation 31 10.2 Rights and Duties of Warrant Agent 31 10.3 Evidence, Experts and Advisers 32 10.4 Documents, Money, Etc. held by Warrant Agent 33 10.5 Action by Warrant Agent to Protect Interests 34 10.6 Warrant Agent not Required to Give Security 34 10.7 Protection of Warrant Agent 34 10.8 Replacement of Warrant Agent 35 10.9 Conflict of Interest 36 10.10 Acceptance of Trusts 36 ARTICLE 11 GENERAL 36 11.1 Notice to Crystallex, Warrant Agent and Agents 36 11.2 Notice to Warrantholders 38 11.3 Satisfaction and Discharge of Indenture 38 11.4 Sole Benefit of Parties and Warrantholders 38 11.5 Conversion of Currency 39 11.6 Discretion of Directors 39 11.7 Assignment 39 11.8 Benefit of the Agreement 39 11.9 Counterparts and Formal Date 39 Back to Contents THIS INDENTURE dated as of June 20, 2003 B E T W E E N: CRYSTALLEX INTERNATIONAL CORPORATION, a corporation continued under the laws of Canada (“Crystallex”) CIBC MELLON TRUST COMPANY, a trust company incorporated under the laws of Canada (the “Warrant Agent”)
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SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS 
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Related to SUPPLEMENTAL INDENTURES AND SUCCESSOR CORPORATIONS

  • SUPPLEMENTAL INDENTURES SECTION 901.

  • Execution of Supplemental Indentures In executing, or accepting the additional trusts created by, any supplemental indenture permitted by this Article or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 601) shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise.

  • ARTICLE IX SUPPLEMENTAL INDENTURES Section 9.01. Supplemental Indentures Without Consent of Noteholders.......................50 Section 9.02. Supplemental Indentures with Consent of Noteholders..........................51 Section 9.03. Execution of Supplemental Indentures.........................................52 Section 9.04. Effect of Supplemental Indenture.............................................52 Section 9.05. Reference in Notes to Supplemental Indentures................................52 Section 9.06. Tax Opinion..................................................................53

  • Supplemental Indenture THIS SUPPLEMENTAL INDENTURE (this "Supplemental Indenture"), which shall be deemed the enumerated supplemental indenture as stated in Exhibit B hereto, is between Prospect Capital Corporation, a Maryland corporation (the "Company"), and U.S. Bank National Association, as trustee (the "Trustee"). All capitalized terms used herein shall have the meaning set forth in the Base Indenture (as defined below).

  • Benefits of Supplemental Indenture Nothing in this Supplemental Indenture, the Indenture or the Securities, express or implied, shall give to any Person, other than the parties hereto and thereto and their successors hereunder and thereunder and the Holders, any benefit of any legal or equitable right, remedy or claim under this Supplemental Indenture, the Indenture or the Securities.

  • Scope of Supplemental Indenture The changes, modifications and supplements to the Original Indenture effected by this Supplemental Indenture shall be applicable only with respect to, and shall only govern the terms of (and only the rights of the Holders and the obligations of the Company with respect to), the Notes, which may be issued from time to time, and shall not apply to any other Securities that may be issued under the Original Indenture (or govern the rights of the Holders or the obligations of the Company with respect to any other such Securities) unless a supplemental indenture with respect to such other Securities specifically incorporates such changes, modifications and supplements. The provisions of this Supplemental Indenture shall supersede any corresponding or conflicting provisions in the Original Indenture. If Notes are not authenticated on the Issue Date (as defined in Section 1.02 below), this Supplemental Indenture shall be null and of no effect.

  • Supplemental Indentures Without Consent of Holders Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:

  • Execution of Supplemental Indenture for Future Guarantors Each Subsidiary and other Person which is required to become a Guarantor pursuant to Section 4.11 shall promptly execute and deliver to the Trustee a supplemental indenture in the form of Exhibit D hereto pursuant to which such Subsidiary or other Person shall become a Guarantor under this Article 11 and shall guarantee the Guaranteed Obligations. Concurrently with the execution and delivery of such supplemental indenture, the Issuers shall deliver to the Trustee an Opinion of Counsel and an Officers’ Certificate to the effect that such supplemental indenture has been duly authorized, executed and delivered by such Subsidiary or other Person and that, subject to the application of bankruptcy, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws relating to creditors’ rights generally and to the principles of equity, whether considered in a proceeding at law or in equity, the Guarantee of such Guarantor is a valid and binding obligation of such Guarantor, enforceable against such Guarantor in accordance with its terms and/or to such other matters as the Trustee may reasonably request.

  • Notice of Supplemental Indentures Promptly after the execution by the Company and the Trustee of any supplemental indenture pursuant to the provisions of Section 902, the Company shall give notice thereof to the Holders of each Outstanding Security affected, in the manner provided for in Section 106, setting forth in general terms the substance of such supplemental indenture.

  • Effect of Supplemental Indentures Upon the execution of any supplemental indenture under this Article, this Indenture shall be modified in accordance therewith, and such supplemental indenture shall form a part of this Indenture for all purposes; and every Holder of Securities theretofore or thereafter authenticated and delivered hereunder shall be bound thereby.

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