Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series: (a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series; (b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 5); (c) the date or dates on which the principal of the Debentures of the series is payable; (d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined; (e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange; (f) the right, if any, of the Company to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed; (g) the obligation, if any, of the Company to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations; (h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable; (i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series; (j) any other events of default or covenants with respect to the Debentures of the series; (k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person; (l) the form and terms of the Debentures of the series; (m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form; (n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and (o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture). (2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 3 contracts
Samples: Debenture Indenture, Debenture Indenture, Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections 2.9, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Definitive Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto. No payment (by purchase of Debentures or otherwise) shall be made by the Corporation under the Debentures and neither the Trustee nor the holders of Debentures shall be entitled to demand, institute proceedings for the collection of (which shall, for certainty include proceedings related to an adjudication or declaration as to the insolvency or bankruptcy of the Corporation and other similar creditor proceedings), or receive any payment or benefit (including without limitation by set-off, combination of accounts or otherwise in any manner whatsoever) on account of the Debentures in a manner inconsistent with the terms (as they exist on the date of issue) of the Debentures.
Appears in 3 contracts
Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 3 contracts
Samples: Indenture (Aurora Cannabis Inc), Indenture, Indenture (Aurora Cannabis Inc)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders Debentureholders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or payable, the manner of such payment, and where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Issuer to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise in whole or in part;
(g) the obligation, if any, of the Company Issuer to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, repurchase, repayment, sinking fund or analogous provisions provisions, in whole or in part, or at the option of a holder Debentureholder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, DepositoriesDepositaries, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other additional events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable exchangeable, in whole or in part, for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depositary or Depositaries for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged, in whole or in part, for Fully Registered Debentures, or transferred, in whole or in part, to and registered in the name of a Person other than the Depositary for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and;
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).; and
(2p) any stock exchange on which the series of the Debentures may be listed at the time of issuance. All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, on behalf of the Issuer, an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, on behalf of the Issuer, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 2 contracts
Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.10, Section 2.113.2, Section 3.1 and Section 3.6 3.3, 3.6, Article 4 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Definitive Debentures, or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(n) applicable restrictions on transfer, conversion and exchange pursuant to and in accordance with the requirements of Applicable Securities Legislation, U.S. Securities Laws and other applicable securities laws;
(o) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(op) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 and Section 3.6 3.3, 3.7, Article 4 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemedredeemed pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one the same series or more of a different series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:series (other than the Initial Debentures as provided for in Section 2.4):
(a) the designation of the Debentures of the series (which need not include other than the term “Debentures”Initial Debentures as provided for in Section 2.4), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified or authenticated and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 5)Indenture;
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, right of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, obligation of the Company Corporation to redeem, purchase or repay convert the Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaidconverted, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures Debenture of the series will be convertible into or exchangeable exchanged for securities of any PersonShares;
(l) whether the Debentures of the series will be guaranteed by any person and the terms of any such guarantee;
(m) the form and terms of the Debentures of the series;
(mn) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated form;
(n) if in part as one or more Global Debentures or Book Based Only Debentures and, in such case, the Depository or Depositories for such Global Debentures or Book Based Only Debentures in whose name, or whose nominee’s name, the Global Debentures or Book Based Only Debentures will be registered, and any circumstances other than Canadian currencyor in addition to those set out in Section 2.9 or 3.1 or those applicable with respect to any specific series of Debentures, as the currency case may be, in which any such Global Debenture or Book Based Only Debenture may be transferred to and registered in the name of a person other than the Depository for such Global Debentures of the series are issuableor Book Based Only Debentures or a nominee thereof; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 2 contracts
Samples: First Supplemental Convertible Debenture Indenture (Mogo Inc.), Convertible Debenture Indenture (Mogo Finance Technology Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;:
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3, and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal amount of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, thereof the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the seriesseries not otherwise described in this Indenture;
(kj) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(lk) the form and terms of the Debentures of the series;
(ml) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(nm) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(on) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or or, to the extent permitted herein, by or pursuant to a resolution of the Board directors of Directorsthe Corporation, or an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, or, to the extent permitted herein, by or pursuant to such resolution of the Board directors of Directorsthe Corporation, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 2 contracts
Samples: Trust Indenture (Red Mile Entertainment Inc), Trust Indenture (Red Mile Entertainment Inc)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) 2.2.1 the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) 2.2.2 any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 and Section 3.3, 3.6 and Article 53.7);
(c) 2.2.3 the date or dates on which the principal of the Debentures of the series is payable;
(d) 2.2.4 the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) 2.2.5 the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) 2.2.6 the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) 2.2.7 the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) 2.2.8 if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) 2.2.9 subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Convertible Debentures of the series;
(j) 2.2.10 any other events of default or covenants with respect to the Debentures of the series;
(k) 2.2.11 whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Personperson;
(l) 2.2.12 whether the Debentures of the series will be guaranteed by any person and the terms of any such guarantee;
2.2.13 the form and terms of the Debentures of the series;
(m) 2.2.14 if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name, or whose nominee’s name, the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) 2.2.15 if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) 2.2.16 any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 2 contracts
Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections 2.9, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the rightrights, if any, of the Company to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 100 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person, including the Company;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate of the Company or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate of the Company or in an indenture supplemental hereto.
Appears in 2 contracts
Samples: Trust Indenture (Constellation Software Inc), Trust Indenture (Constellation Software Inc)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.10, Section 2.113.2, Section 3.1 and Section 3.6 3.3, 3.6, Article 4 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Definitive Debentures, or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3, and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or payable, the manner of such payment, and where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company REIT to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise, in whole or in part;
(g) the obligation, if any, of the Company REIT to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions provisions, in whole or in part, or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other additional events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable exchangeable, in whole or in part, for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged in whole or in part, for Fully Registered Debentures, or transferred, in whole or in part, to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and;
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).; and
(2p) the stock exchange on which the series of the Debentures may be listed at the time of issuance, if any. All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directorstrustees, an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directorstrustees, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Trust Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.1, Section 3.1 and Section 3.6 3.5 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. No payment (by purchase of Debentures or otherwise) shall be made by the Corporation under the Debentures and neither the Trustee nor the holders of Debentures shall be entitled to demand, institute proceedings for the collection of (which shall, for certainty include proceedings related to an adjudication or declaration as to the insolvency or bankruptcy of the Corporation and other similar creditor proceedings), or receive any payment or benefit (including without limitation by set-off, combination of accounts or otherwise in any manner whatsoever) on account of the Debentures in a manner inconsistent with the terms (as they exist on the date of issue) of the Debentures.
Appears in 1 contract
Samples: Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified Authenticated and delivered under this Indenture (except for Debentures certified Authenticated and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections 2.8, Section 2.112.9, Section 3.1 3.5 and Section 3.6 3.8 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as Uncertificated Debentures and, in such case, the Depository or Depositories for such Uncertificated Debentures in whose name the Uncertificated Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.8 or 3.4 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Uncertificated Debentures may be exchanged for Certificated Debentures, or transferred to and registered in the name of a person other than the Depository for such Uncertificated Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic OfferingIssuance, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”)series, which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.102.8, Section 2.112.9, Section 3.1 and 3.1, Section 3.6 and Article 5);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currencyDollars, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Definitive Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections, Section 2.112.9, Section 3.1 3.2, 3.3 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Definitive Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and 3.1, Section 3.6 3.6, Article 4 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections 2.9, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 5)4;
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Definitive Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. No payment (by purchase of Debentures or otherwise) shall be made by the Corporation under the Debentures and neither the Trustee nor the holders of Debentures shall be entitled to demand, institute proceedings for the collection of (which shall, for certainty include proceedings related to an adjudication or declaration as to the insolvency or bankruptcy of the Corporation and other similar creditor proceedings), or receive any payment or benefit (including without limitation by set-off, combination of accounts or otherwise in any manner whatsoever) on account of the Debentures in a manner inconsistent with the terms (as they exist on the date of issue) of the Debentures.
Appears in 1 contract
Samples: Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:series (other than the Initial Debentures, which are provided for in Section 2.5):
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. Notwithstanding the foregoing, the Debentures issued pursuant to the Private Offering may differ from the Debentures issued pursuant to the Public Offering in that they shall bear the legend set forth in Section 2.5(8).
Appears in 1 contract
Samples: Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.11, Section 3.1 and Section 3.6 3.5 and Article 4 and Article 5);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 and Section 3.6 3.3, 3.6, Article 4 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Perpetual Energy Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 4 and Article 5);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Personperson;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of DirectorsAEI, on behalf of the Trust, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of DirectorsAEI, on behalf of the Trust, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections 2.9, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Definitive Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. No payment (by purchase of Debentures or otherwise) shall be made by the Corporation under the Debentures and neither the Trustee nor the holders of Debentures shall be entitled to demand, institute proceedings for the collection of (which shall, for certainty include proceedings related to an adjudication or declaration as to the insolvency or bankruptcy of the Corporation and other similar creditor proceedings), or receive any payment or benefit (including without limitation by set-off, combination of accounts or otherwise in any manner whatsoever) on account of the Debentures in a manner inconsistent with the terms (as they exist on the date of issue) of the Debentures.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Crailar Technologies Inc)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”)series, which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.10, Section 2.11, Section 3.1 3.2, 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the rightrights, if any, of the Company Corporation to redeem Debentures of the seriesDebentures, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the seriesDebentures;
(j) any other events of default or covenants with respect to the Debentures of the seriesDebentures;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person, including the Corporation;
(l) the form and terms of the Debentures of the seriesDebentures;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.10 or 3.2 or those applicable with respect to any specific Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of Directorsthe Corporation, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of Directorsthe Manager, on behalf of the Corporation, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Trust Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.5, and Section 3.6 and Article 53.8);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or payable, the manner of such payment, and where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise, in whole or in part;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions provisions, in whole or in part, or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Trust Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other additional events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable exchangeable, in whole or in part, for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged in whole or in part, for Fully Registered Debentures, or transferred, in whole or in part, to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and;
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Trust Indenture).; and
(2p) any stock exchange on which the series of the Debentures may be listed at the time of issuance. All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directorsdirectors, an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Trust Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directorsdirectors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section Sections 2.11, Section 3.1 3.2 and Section 3.6 and Article 53.3);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;analogous
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series, including, without limitation, if the Debentures of the series shall be in registered and/or bearer form;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more global Debentures and, in such case, the Depository or Depositories for such global Debentures in whose name the global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.11 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such global Debenture may be exchanged for coupon Debentures or fully registered Debentures, or transferred to and registered in the name of a person other than the Depository for such global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or directors (including in an Officers' Certificate) and in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate directors (including in an Officers' Certificate) or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Trust Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 5Articles 4 and 6);
(c) the date or dates on which the principal of the Debentures of the series is payablepayable (if not covered by such date or dates);
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable (if not covered by such date or dates) and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory conversion, redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 100 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Secured Convertible Debenture Indenture (Starfighters Space, Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, time consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $US$1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Debenture Indenture (Molycorp, Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall must be established herein herein, or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall will distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall will bear interest, if any, the date or dates from which such interest shall will accrue, on which such interest shall will be payable and on which record datea record, if any, shall must be taken for the determination of holders to whom such interest shall must be payable and/or the method or methods by which such rate or rates or date or dates shall will be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall will be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall will be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 100 and any integral multiple thereof, the denominations in which Debentures of the series shall will be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall will be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depositary or Depositaries for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depositary for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall will not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall must be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, in an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, in an Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Personperson;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of Directorsthe Administrator, on behalf of the Trust, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of Directorsthe Administrator, on behalf of the Trust, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and 3.1, Section 3.6 and Article 54);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the right, if any, of a Debentureholder to call for retraction of a Debenture, in whole but not in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions (including the quantum of early retraction penalties, if any) upon which, Debentures of the series may be so retracted;
(h) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(hi) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(ij) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(jk) any other events of default or covenants with respect to the Debentures of the series;
(kl) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(lm) the form and terms of the Debentures of the series;
(mn) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(no) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(op) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Personperson;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of DirectorsAPF Energy, on behalf of the Trust, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of DirectorsAPF Energy, on behalf of the Trust, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.102.8, Section 2.112.9, Section 3.1 and Section 3.6 3.5 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $US$1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositoriesdepositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of DirectorsManagers, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of DirectorsManagers, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to t o any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Personperson;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures n i whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of DirectorsSEL, on behalf of the Trust, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of DirectorsSEL, on behalf of the Trust, as evidenced by an Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections 2.8, Section 2.112.13, Section 3.1 2.17 and Section 3.6 and Article 52.18);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Personperson;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(on) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of Directorsthe Corporation, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of Directorsthe Corporation, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:series (other than the Initial Debentures, which are provided for in Section 2.4):
(a) the designation of the Debentures of the series (which need not include the term “Debentures”)series, which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) whether the Debentures of the series will be guaranteed by any Person and the terms of any such guarantee;
(m) the form and terms of the Debentures of the series;
(mn) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name, or whose nominee’s name, the Global Debentures will be registered, and any circumstances other than or in addition to those set out in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully-Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(no) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(op) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 5Articles 4 and 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 5Articles 4 and 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers’ Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Anderson Energy LTD)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of Directorsthe Administrator on behalf of the Trust, Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of Directorsthe Administrator on behalf of the Trust, Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1)
2.2.1 The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and 3.1, Section 3.6 3.6, Article 4 and Article 56);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) 2.2.2 All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10, Section 2.11, Section 3.1 and Section 3.6 and Article 5Articles 4 and 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $10, $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in Certificate, an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3, and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal amount of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking Company or otherwise;
(g) the obligation, if any, of the Company to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund Company or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the seriesseries not otherwise described in this Indenture;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or or, to the extent permitted herein, by or pursuant to a resolution of the Board directors of Directorsthe Company, or an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, or, to the extent permitted herein, by or pursuant to such resolution of the Board directors of Directorsthe Company, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.9, Section 2.10, Section 2.113.2, Section 3.1 3.5 and Section 3.6 and Article 53.8);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or payable, the manner of such payment, and where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise, in whole or in part;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions provisions, in whole or in part, or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other additional events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable exchangeable, in whole or in part, for securities of any Person;
(l) the form and terms of the Debentures of the seriesseries including their ranking, whether or not they are secured and whether or not they are guaranteed;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debentures may be exchanged in whole or in part, for Fully Registered Debentures, or transferred, in whole or in part, to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and;
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).; and
(2p) any stock exchange on which the series of the Debentures may be listed at the time of issuance. All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directorsdirectors, an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directorsdirectors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Indenture (Kirkland Lake Gold Ltd.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series::
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified Authenticated and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.11, Section 3.1 and Section 3.6 3.5 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3, 3.6 and Section 3.6 3.7 and Article 4 and Article 5);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) whether the Debentures of the series will be guaranteed by any Person and the terms of any such guarantee;
(m) the form and terms of the Debentures of the series;
(mn) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or Section 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a Person other than the Depository for such Global Debentures or a nominee thereof;
(no) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(op) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s 's Certificate or in an indenture supplemental hereto. Notwithstanding any other provisions of this Indenture but only until the Senior End Date, no Additional Debentures may be issued without the prior written consent of Credit Suisse, as the Secured Creditor under the ISDA Agreement.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.102.9, Section 2.112.10, Section 3.1 and Section 3.6 3.5 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositoriesdepositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Indenture (Organigram Holdings Inc.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section 2.10Sections 2.9, Section 2.11, Section 3.1 3.2 and Section 3.6 and Article 53.3);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series, including, without limitation, if the Debentures of the series shall be in registered form;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more global Debentures and, in such case, the Depository or Depositories for such global Debentures in whose name the global Debentures will be registered, and any circumstances, other than or in addition to those set forth in Section 2.9 or 3.2, or those applicable with respect to any specific series of Debentures, as the case may be, in which any such global Debenture may be exchanged for fully registered Debentures, or transferred to and registered in the name of a person other than the Depository for such global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or and in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate herein or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Trust Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall will be established herein herein, or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall will distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall will bear interest, if any, the date or dates from which such interest shall will accrue, on which such interest shall will be payable and on which record datea record, if any, shall will be taken for the determination of holders to whom such interest shall will be payable and/or the method or methods by which such rate or rates or date or dates shall will be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall will be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company REIT to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, which Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company REIT to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall will be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall will be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, DepositoriesDepositaries, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall will be issuable in certificated whole or uncertificated formin part as one or more Global Debentures or Book-Based Only Debentures and, in such case, the Depositary or Depositaries for such Global Debentures or Book-Based Only Debentures in whose name the Global Debentures or Book-Based Only Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture or Book-Based Only Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depositary for such Global Debentures or Book-Based Only Debentures or a nominee thereof;
(n) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall will not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall will be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution one or more resolutions of the Board of Directors, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution one or more resolutions of the Board of Directors, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Trust Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $US$1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of Directorsthe Corporation, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of Directorsthe Corporation, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Personperson;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of DirectorsSEL, on behalf of the Trust, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of DirectorsSEL, on behalf of the Trust, as evidenced by an Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 and Section 3.3, 3.6 and Article 53.7 and ARTICLE IV and ARTICLE VI);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $US$1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) whether the Debentures of the series will be guaranteed by any person and the terms of any such guarantee;
(m) the form and terms of the Debentures of the series;
(mn) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(no) if other than Canadian United States currency, the currency in which the Debentures of the series are issuable; and
(op) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Brigus Gold Corp.)
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”"DEBENTURES"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3, and Section 3.6 and Article 53,6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders Debentureholders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or payable, the manner of such payment, and where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise in whole or in part;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, repurchase, repayment, sinking fund or analogous provisions provisions, in whole or in part, or at the option of a holder Debentureholder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trusteetrustees, DepositoriesDepositaries, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other additional events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable exchangeable, in whole or in part, for securities of any Person;
(l1) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:series (other than Initial Debentures, which are provided for in Section 2.4):
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified Authenticated and delivered under this Indenture (except for Debentures certified Authenticated and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.1, Section 3.1 3.2 and Section 3.6 3.5 and Article 54 and Article 6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Officers' Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “Debentures”), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.10, Section 2.11, Section 3.1 and 3.1, Section 3.6 and Article 5)4;
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record date, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Corporation to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed;
(g) the obligation, if any, of the Company Corporation to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(ml) if applicable, that the Debentures of the series shall be issuable in certificated or uncertificated form;
(nm) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(on) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board of Directors, Officer’s Certificate or in an indenture supplemental hereto.
Appears in 1 contract
Samples: Debenture Indenture
Terms of Debentures of any Series. (1) The Debentures may be issued in one or more series. There shall be established herein or in or pursuant to one or more indentures supplemental hereto, prior to the initial issuance of Debentures of any particular series:
(a) the designation of the Debentures of the series (which need not include the term “"Debentures”"), which shall distinguish the Debentures of the series from the Debentures of all other series;
(b) any limit upon the aggregate principal amount of the Debentures of the series that may be certified and delivered under this Indenture (except for Debentures certified and delivered upon registration of, transfer of, amendment of, or in exchange for, or in lieu of, other Debentures of the series pursuant to Section Sections 2.9, 2.10, Section 2.113.2, Section 3.1 3.3 and Section 3.6 and Article 53.6);
(c) the date or dates on which the principal of the Debentures of the series is payable;
(d) the rate or rates at which the Debentures of the series shall bear interest, if any, the date or dates from which such interest shall accrue, on which such interest shall be payable and on which record datea record, if any, shall be taken for the determination of holders to whom such interest shall be payable and/or the method or methods by which such rate or rates or date or dates shall be determined;
(e) the place or places where the principal of and any interest on Debentures of the series shall be payable or where any Debentures of the series may be surrendered for registration of transfer or exchange;
(f) the right, if any, of the Company Trust to redeem Debentures of the series, in whole or in part, at its option and the period or periods within which, the price or prices at which and any terms and conditions upon which, Debentures of the series may be so redeemed, pursuant to any sinking fund or otherwise;
(g) the obligation, if any, of the Company Trust to redeem, purchase or repay Debentures of the series pursuant to any mandatory redemption, sinking fund or analogous provisions or at the option of a holder thereof and the price or prices at which, the period or periods within which, the date or dates on which, and any terms and conditions upon which, Debentures of the series shall be redeemed, purchased or repaid, in whole or in part, pursuant to such obligations;
(h) if other than denominations of $1,000 and any integral multiple thereof, the denominations in which Debentures of the series shall be issuable;
(i) subject to the provisions of this Indenture, any trustee, Depositories, authenticating or paying agents, transfer agents or registrars or any other agents with respect to the Debentures of the series;
(j) any other events of default or covenants with respect to the Debentures of the series;
(k) whether and under what circumstances the Debentures of the series will be convertible into or exchangeable for securities of any Person;
(l) the form and terms of the Debentures of the series;
(m) if applicable, that the Debentures of the series shall be issuable in certificated whole or uncertificated formin part as one or more Global Debentures and, in such case, the Depository or Depositories for such Global Debentures in whose name the Global Debentures will be registered, and any circumstances other than or in addition to those set forth in Section 2.9 or 3.2 or those applicable with respect to any specific series of Debentures, as the case may be, in which any such Global Debenture may be exchanged for Fully Registered Debentures, or transferred to and registered in the name of a person other than the Depository for such Global Debentures or a nominee thereof;
(n) if other than Canadian currency, the currency in which the Debentures of the series are issuable; and
(o) any other terms of the Debentures of the series (which terms shall not be inconsistent with the provisions of this Indenture).
(2) . All Debentures of any one series shall be substantially identical, except as may otherwise be established herein or by or pursuant to a resolution of the Board directors of DirectorsHOC, on behalf of the Trust, Officer’s 's Certificate or in an indenture supplemental hereto. All Debentures of any one series need not be issued at the same time and may be issued from time to time, including pursuant to a Periodic Offering, consistent with the terms of this Indenture, if so provided herein, by or pursuant to such resolution of the Board directors of DirectorsHOC, on behalf of the Trust, Officer’s 's Certificate or in an indenture supplemental hereto.
Appears in 1 contract
