Common use of Trustee May Perform Covenants Clause in Contracts

Trustee May Perform Covenants. If the Company fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.9) need not, notify the Holders of such failure or itself may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation to do so and all sums so expended or advanced shall be repayable by the Company in the manner provided in Section 3.4, but no such performance or payment shall be deemed to relieve the Company from default hereunder.

Appears in 1 contract

Samples: Note Indenture (Timberwest Forest Corp)

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Trustee May Perform Covenants. If the Company Corporation fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section section 6.9) need not, notify the Holders of such failure or itself may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation to do so and all sums so expended or advanced shall be repayable by the Company Corporation in the manner provided in Section section 3.4, but no such performance or payment shall be deemed to relieve the Company Corporation from default hereunder.

Appears in 1 contract

Samples: Note Indenture (Enterra Energy Trust)

Trustee May Perform Covenants. If the Company fails Corporation shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.97.2) need not, notify the Holders Debentureholders of such failure or itself may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation so to do so do; and all sums so expended or advanced shall be repayable by the Company Corporation in the manner provided in Section 3.45.4, but no such performance or payment shall be deemed to relieve the Company Corporation from any default hereunder.

Appears in 1 contract

Samples: Trust Indenture (American Natural Energy Corp)

Trustee May Perform Covenants. If That if the Company fails shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.9section 8.2) need not, notify the Holders Debenture holders of such failure or itself it may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposespurpose, but shall be under no obligation so to do so do; and all sums so expended or advanced shall be repayable by the Company in the manner provided in Section 3.4section 7.5, but no such performance or payment shall be deemed to relieve the Company from any default hereunder.

Appears in 1 contract

Samples: Trust Indenture (Pan American Silver Corp)

Trustee May Perform Covenants. If 6.7 That if the Company fails Corporation shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.9Subsection 8.2) need not, notify the Holders Debentureholders of such failure or itself and it may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation so to do so and all sums so expended or advanced shall be repayable by the Company Corporation in the manner provided in Section 3.4Subsection 7.3, but no such performance or payment shall be deemed to relieve the Company Corporation from any default hereunder.

Appears in 1 contract

Samples: Trust Indenture (Poly-Pacific International Inc.)

Trustee May Perform Covenants. If the Company fails Corporation shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.9clause 6.2) need not, notify the Holders Debentureholders of such failure or itself may perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation so to do so and all do. All sums so expended or advanced shall be repayable by the Company Corporation in the manner provided in Section 3.4clause 5.7, but no such performance or payment shall be deemed to relieve the Company Corporation from any default hereunder.

Appears in 1 contract

Samples: Debenture Trust Indenture (Power Plus Corp)

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Trustee May Perform Covenants. If the Company fails Bank shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.98.3) need not, notify the Holders Debentureholders of such failure or itself may but need not perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposespurpose, but shall be under no obligation so to do so and all sums so expended or advanced shall be repayable by the Company Bank in the manner provided in Section 3.47.2, but no such performance performance, expenditure or payment disbursement by the Trustee shall be deemed to relieve the Company from Bank of any default hereunderhereunder of its continuing obligations and the covenants contained herein.

Appears in 1 contract

Samples: Trust Indenture (Bank of Montreal /Can/)

Trustee May Perform Covenants. If the Company Corporation fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.98.7) need not, notify the Holders Debentureholders of such failure or itself may but need not perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may but need not make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation to do so and all sums so expended or advanced shall be repayable by the Company Corporation in the manner provided in Section 3.48.5, but no such performance or payment by the Trustee shall be deemed to relieve the Company Corporation from default hereunder.

Appears in 1 contract

Samples: Trust Indenture (Surge Global Energy, Inc.)

Trustee May Perform Covenants. If the Company Corporation fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 6.99.8) need not, notify the Holders Debentureholders of such failure or itself may but need not perform any of said covenants capable of being performed by it and, if any such covenant requires the payment or expenditure of money, it may but need not make such payment or expenditure with its own funds, or with money borrowed by or advanced to it for such purposes, but shall be under no obligation to do so and all sums so expended or advanced shall be repayable by the Company Corporation in the manner provided in Section 3.49.6, but no such performance or payment by the Trustee shall be deemed to relieve the Company Corporation from default hereunder.

Appears in 1 contract

Samples: Trust Indenture (Surge Global Energy, Inc.)

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