Common use of Trustee May Perform Covenants Clause in Contracts

Trustee May Perform Covenants. If the Corporation shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, perform any of the said covenants capable of being performed by it, notify the Debentureholders of such failure 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; and all sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 6.1(4), but no such performance or payment shall be deemed to relieve the Corporation from any Default or Event of Default caused by such failure.

Appears in 2 contracts

Samples: Trust Indenture (American Honda Finance Corp), Trust Indenture (American Honda Finance Corp)

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Trustee May Perform Covenants. If the Corporation Company shall fail to perform any covenant on of its part herein containedcovenants contained in this Indenture, the Trustee shall notify the Holders of such failure on the part of the Company, upon receipt of written notice from the Company of such failure to perform, or may in its discretion, itself perform any of the said covenants capable of being performed by itit but, notify the Debentureholders of such failure andsubject to Article 11, 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; and all perform said covenants or to notify the Holders that it is doing so. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in section 6.5. No such performance, expenditure or advance by the Corporation in the manner provided in Section 6.1(4), but no such performance or payment Trustee shall be deemed to relieve the Corporation from Company of any Default default hereunder or Event of Default caused by such failureits continuing obligations under the covenants herein contained.

Appears in 2 contracts

Samples: sec.report, Special (Sandspring Resources Ltd.)

Trustee May Perform Covenants. If the Corporation shall fail to perform any covenant on its part herein contained, the Trustee may in its discretionTrustee, upon awareness of the same, shall notify the Unitholders of such failure or itself may, but need not, perform any of the said covenants capable of being performed by it, notify the Debentureholders of such failure 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; and all sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 6.1(4)5.11, but no such performance performance, expenditure or payment disbursement by the Trustee shall be deemed to relieve the Corporation from of any Default or Event default hereunder of Default caused by such failureits continuing obligations and the covenants contained herein.

Appears in 1 contract

Samples: Collaboration and License Agreement (MIGENIX Inc.)

Trustee May Perform Covenants. If the Corporation Company shall fail to perform any covenant on of its part herein containedcovenants contained in this Indenture, the Trustee may in its discretion, notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by itit but, notify the Debentureholders of such failure andsubject to Article 12, 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; and all perform said covenants or to notify the Warrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in section . No such performance, expenditure or advance by the Corporation in the manner provided in Section 6.1(4), but no such performance or payment Trustee shall be deemed to relieve the Corporation from Company of any Default default hereunder or Event of Default caused by such failureits continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: LLC Interests Purchase Agreement (Northern Orion Resources Inc)

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Trustee May Perform Covenants. If the Corporation Company shall fail to perform any covenant on of its part herein containedcovenants contained in this Indenture, the Trustee may in its discretion, notify the Holders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by itit but, notify the Debentureholders of such failure andsubject to , 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; and all perform said covenants or to notify the Holders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in section . No such performance, expenditure or advance by the Corporation in the manner provided in Section 6.1(4), but no such performance or payment Trustee shall be deemed to relieve the Corporation from Company of any Default default hereunder or Event of Default caused by such failureits continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: LLC Interests Purchase Agreement (Northern Orion Resources Inc)

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