Trustee May Perform Covenants. If the Company shall fail to perform any of its covenants 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 itself perform any of the covenants capable of being performed by it but, subject to Article 11, shall be under no obligation to perform said covenants or to notify the Holders that it is doing so. All sums 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 Trustee shall relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
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Samples: Special Warrant Indenture, Special Warrant Indenture (Sandspring Resources Ltd.)
Trustee May Perform Covenants. If the Company Corporation shall fail to perform any of covenant on its covenants contained in this Indenturepart herein contained, the Trustee shall notify the Holders of such failure on the part of the Companymay in its discretion, upon receipt of written notice from the Company of such failure to perform, or may itself 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 butmay make such payment or expenditure with its own funds, subject or with money borrowed by or advanced to Article 11it for such purposes, but shall be under no obligation so to perform said covenants or to notify the Holders that it is doing so. All do; and all sums so expended or advanced by the Trustee in so doing shall be repayable as by the Corporation in the manner provided in section 6.5. No Section 6.1(4), but no such performance, expenditure performance or advance by the Trustee payment shall be deemed to relieve the Company Corporation from any Default or Event of any default hereunder or of its continuing obligations under the covenants herein containedDefault caused by such failure.
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Samples: Trust Indenture (American Honda Finance Corp), Trust Indenture (American Honda Finance Corp)
Trustee May Perform Covenants. If the Company shall fail to perform any of its covenants contained in this Indenture, the Trustee shall may notify the Holders Warrantholders of such failure on the part of the Company, upon receipt of written notice from the Company of such failure to perform, or may itself perform any of the covenants capable of being performed by it but, subject to Article 1112, shall be under no obligation to perform said covenants or to notify the Holders that it is doing soWarrantholders of such performance by it. All sums 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 Trustee shall relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
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Trustee May Perform Covenants. If the Company Corporation shall fail to perform any of covenant on its covenants contained in this Indenturepart herein contained, the Trustee Trustee, upon awareness of the same, shall notify the Holders Unitholders of such failure on the part of the Companyor itself may, upon receipt of written notice from the Company of such failure to performbut need not, or may itself perform any of the said covenants capable of being performed by it butand, subject if any such covenant requires the payment or expenditure of money, it may make such payment or expenditure with money borrowed by or advanced to Article 11it for such purpose, but shall be under no obligation so to perform said covenants or to notify the Holders that it is doing so. All do; and all sums so expended or advanced by the Trustee in so doing shall be repayable as by the Corporation in the manner provided in section 6.5. No Section 5.11, but no such performance, expenditure or advance disbursement by the Trustee shall be deemed to relieve the Company Corporation of any default hereunder or of its continuing obligations under and the covenants herein containedcontained herein.
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Samples: Trust Indenture (MIGENIX Inc.)
Trustee May Perform Covenants. If the Company shall fail to perform any of its covenants contained in this Indenture, the Trustee shall may 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 itself perform any of the covenants capable of being performed by it but, subject to Article 11, shall be under no obligation to perform said covenants or to notify the Holders that it is doing soof such performance by it. All sums 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 Trustee shall relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
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