Common use of Trust Provisions Clause in Contracts

Trust Provisions. Notwithstanding the references herein or in any Note to this Indenture as a “Trust Indenture” or to the Computershare Trust Company of Canada (or its successor hereunder, if any) as a “Trustee” or to it acting as Trustee, and except for any trust which may be created or constituted in Québec for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.01, 11.02 and 11.03 of this Indenture (and only to the extent contemplated by such Sections), no trust within the meaning of Chapter II of Title Six of Book Four of the Civil Code is intended to be or is created or constituted hereby. In addition, for greater certainty and subject as hereinafter in this Section provided in the case of any trust created or constituted in Québec for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.01, 11.02 and 11.03 of this Indenture, the provisions of Title Seven of Book Four of the Civil Code shall not apply to any administration by the Trustee hereunder. Except as otherwise expressly provided or unless the context otherwise requires, references in this Indenture to “trust” or “in trust”, and other similar wording shall only refer to any trust that shall be created or constituted for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.01, 11.02 and 11.03 of this Indenture, as the case may be, which trust shall be created or constituted either under Québec law or under the law of any other appropriate jurisdiction and, if so created or constituted in another appropriate jurisdiction, shall be subject to the trust laws of such jurisdiction. Any such trust shall be automatically created by the mere fact of the transfer to or taking of possession by the Trustee of the property subject to and for the purposes of such trust and such provisions of the Civil Code shall automatically apply thereto unless such transfer and taking of possession occurs outside of Québec and it has previously been, or it is then, expressly agreed between the Company and the Trustee (acting in its sole discretion) that the trust laws in the jurisdiction where such transfer or taking of possession occurs shall apply or the laws of such jurisdiction make it mandatory that its trust laws apply to any trust created hereunder as a result of such transfer or taking of possession.

Trust Provisions. Notwithstanding the references herein or in any Note to this Indenture as a “Trust Indenture” or to the Computershare Trust Company of Canada (or its successor hereunder, if any) as a “Trustee” or to it acting as Trustee, and except for any trust which may be created or constituted in Québec for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.0110.01, 11.02 10.02 and 11.03 10.03 of this Indenture (and only to the extent contemplated by such Sections), no trust within the meaning of Chapter II of Title Six of Book Four of the Civil Code is intended to be or is created or constituted hereby. In addition, for greater certainty and subject as hereinafter in this Section provided in the case of any trust created or constituted in Québec for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.0110.01, 11.02 10.02 and 11.03 10.03 of this Indenture, the provisions of Title Seven of Book Four of the Civil Code shall not apply to any administration by the Trustee hereunder. Except as otherwise expressly provided or unless the context otherwise requires, references in this Indenture to “trust” or “in trust”, and other similar wording shall only refer to any trust that shall be created or constituted for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.0110.01, 11.02 10.02 and 11.03 10.03 of this Indenture, as the case may be, which trust shall be created or constituted either under Québec law or under the law of any other appropriate jurisdiction and, if so created or constituted in another appropriate jurisdiction, shall be subject to the trust laws of such jurisdiction. Any such trust shall be automatically created by the mere fact of the transfer to or taking of possession by the Trustee of the property subject to and for the purposes of such trust and such provisions of the Civil Code shall automatically apply thereto unless such transfer and taking of possession occurs outside of Québec and it has previously been, or it is then, expressly agreed between the Company and the Trustee (acting in its sole discretion) that the trust laws in the jurisdiction where such transfer or taking of possession occurs shall apply or the laws of such jurisdiction make it mandatory that its trust laws apply to any trust created hereunder as a result of such transfer or taking of possession.

Trust Provisions. Notwithstanding the references herein or in any Note to this Indenture as a an “Trust Indenture” or to the Computershare Trust Company of Canada (or its successor hereunder, if any) as a “Note Trustee” or to it acting as Note Trustee, and except for any trust which may be created or constituted in Québec for the purposes of Sections 2.042.9, 6.104.5, 8.044.6, 8.054.9, 8.068.6, 11.01, 11.02 and 11.03 15.17 of this Indenture (collectively, the “Trust Sections”) (and only to the extent contemplated by such the Trust Sections), no trust within the meaning of Chapter II of Title Six of Book Four of the Civil Code of Québec is intended to be or is created or constituted hereby. In addition, for greater certainty and subject as hereinafter in this Section provided in the case of any trust created or constituted in Québec for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.01, 11.02 and 11.03 of this Indenturethe Trust Sections, the provisions of Title Seven of Book Four of the Civil Code of Québec shall not apply to any administration by the Note Trustee hereunder. Except as otherwise expressly provided or unless the context otherwise requires, references in this Indenture to “trust” or “in trust”, and other similar wording shall only refer to any trust that shall be created or constituted for the purposes of Sections 2.04, 6.10, 8.04, 8.05, 8.06, 11.01, 11.02 and 11.03 of this Indenturethe Trust Sections, as the case may be, which trust shall trusts shall, subject to the next sentence, be created or constituted either under Québec law or under the law of any other appropriate jurisdiction and, if so created or constituted in another appropriate jurisdiction, shall be subject to the trust laws of such jurisdictionlaw. Any such trust shall be automatically created by the mere fact of the transfer to or taking of possession by the Note Trustee of the property subject to and for the purposes of such trust and such provisions of the Civil Code of Québec shall automatically apply thereto unless such transfer and taking of possession occurs outside of Québec and it has previously been, or it is then, expressly agreed between the Company Corporation and the Note Trustee (acting in its sole discretion) that the trust laws in the jurisdiction where such transfer or taking of possession occurs shall apply or the laws of such jurisdiction make it mandatory that its trust laws apply to any trust created hereunder as a result of such transfer or taking of possession. The administration of any such trust shall be governed by and in accordance with the provisions hereof (and, in particular, in the case of the Note Trustee, Article 15 hereof) which, to the extent permitted by applicable law, shall supersede any provisions relating to the administration of property of others or other similar provisions of any applicable law.

Trust Provisions. Notwithstanding the references herein or in any Note Debenture to this Indenture as a “Trust Indenture” or to the Computershare Montreal Trust Company of Canada (or its successor hereunder, if any, or any additional trustee or co-trustee hereunder) as a “Trustee” or to it acting as Trustee, and except for any trust which may be created or constituted in Québec Quebec for the purposes of Sections 2.04sections 4.09, 6.10, 8.04, 8.056.02(3), 8.06, 11.01, 11.02 and 11.03 of this Indenture 9.02 or 13.04 (and only to the extent contemplated by such Sectionssections), no trust within the meaning of Chapter II of Title Six of Book Four of the Civil Code is intended to be or is created or constituted hereby. In addition, for greater certainty and subject as hereinafter in this Section section provided in the case of any trust created or constituted in Québec Quebec for the purposes of Sections 2.04sections 4.09, 6.10, 8.04, 8.056.02(3), 8.06, 11.01, 11.02 and 11.03 of this Indenture9.02 or 13.04, the provisions of Title Seven of Book Four of the Civil Code shall not apply to any administration by the Trustee hereunder. Except as otherwise expressly provided or unless the context otherwise requires, references in this Indenture to “trust” or “in trust”, and other similar wording shall only refer to any trust that shall be created or constituted for the purposes of Sections 2.04section 4.09, 6.10, 8.04, 8.056.02(3), 8.06, 11.01, 11.02 and 11.03 of this Indenture9.02 or 13.04, as the case may be, which trust shall may be created or constituted either under Québec law in Quebec or under the law of in any other appropriate jurisdiction and, if so created or constituted in Quebec, shall be subject to the provisions of the Civil Code applicable to trusts and, if created or constituted in another appropriate jurisdiction, shall be subject to the trust laws of such jurisdiction. Any such trust shall automatically be automatically created by the mere fact of the transfer to or the taking of possession by the Trustee of the property subject to and for the purposes of such trust. The administration of any such trust shall be governed by and such in accordance with the provisions hereof (and, in particular, in the case of the Trustee, Article 13 hereof) which, to the extent permitted by applicable law, shall supersede any provisions relating to the administration of property of others or other similar provisions of the Civil Code shall automatically apply thereto unless such transfer and taking of possession occurs outside of Québec and it has previously been, or it is then, expressly agreed between the Company and the Trustee (acting in its sole discretion) that the trust laws in the jurisdiction where such transfer or taking of possession occurs shall apply or the laws of such jurisdiction make it mandatory that its trust laws apply to any trust created hereunder as a result of such transfer or taking of possessionapplicable law.

Trust Provisions. Notwithstanding the references herein or in any Note Security to this Indenture as a “Trust Indenture” or to the Computershare BNY Trust Company of Canada (or its successor hereunder, if any) as a “"Trustee” " or to it acting as Trustee, and except for any trust which may be created or constituted in Québec Quebec for the purposes of Sections 2.04Section 10.03, 6.10Section 11.05, 8.04, 8.05, 8.06, 11.01, 11.02 Section 13.04 and 11.03 Section 13.05 of this Indenture (and only to the extent contemplated by such Sections), no trust within the meaning of Chapter II 11 of Title Six of Book book Four of the Civil Code is intended to be or is created or constituted herebyby this Indenture. In addition, for greater certainty and subject as hereinafter in this Section provided in the case of any trust created or constituted in Québec Quebec for the purposes of Sections 2.04Section 10.03, 6.10Section 11.05, 8.04, 8.05, 8.06, 11.01, 11.02 Section 13.04 and 11.03 Section 13.05 of this Indenture, the provisions of Title Seven of Book Four of the Civil Code shall not apply to any administration thereof by the Trustee hereunder. Except as otherwise expressly provided or unless the context otherwise requires, requires references in this Indenture to “"trust” or “" in "in trust”", and other similar wording shall only refer to any trust that shall be created or constituted for the purposes of Sections 2.04Section 10.03, 6.10Section 11.05, 8.04, 8.05, 8.06, 11.01, 11.02 Section 13.04 and 11.03 Section 13.05 of this Indenture, as the case may be, which trust shall be created or constituted either under Québec Quebec law or under the law of any other appropriate jurisdiction and, if so created or constituted in another appropriate jurisdiction, shall be subject to the trust laws of such jurisdiction. Any such trust shall be automatically created by the mere fact of the transfer to or taking of possession by the Trustee of the property subject to and for the purposes of such trust and such provisions of the Civil Code shall automatically apply thereto unless such transfer and taking of possession occurs outside of Québec Quebec and it has previously been, or it is then, expressly agreed between the Company and the Trustee (acting in its sole discretion) that the trust laws in the jurisdiction where such transfer or taking of possession occurs shall apply or the laws of such jurisdiction make it mandatory that its trust laws apply to any trust created hereunder as a result of such transfer or taking of possession.