Common use of Trustee May Perform Covenants Clause in Contracts

Trustee May Perform Covenants. If the Corporation fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 9.8) need not, notify the Debentureholders of such failure or 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 Corporation in the manner provided in Section 9.6, but no such performance or payment by the Trustee shall be deemed to relieve the Corporation from default hereunder.

Appears in 1 contract

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

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Trustee May Perform Covenants. If the Corporation fails shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 9.87.2) need not, notify the 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 so to do so do; and all sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 9.65.4, but no such performance or payment by the Trustee shall be deemed to relieve the Corporation from any default hereunder.

Appears in 1 contract

Samples: Trust Indenture (American Natural Energy Corp)

Trustee May Perform Covenants. If the Corporation fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 9.88.7) need not, notify the Debentureholders of such failure or 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 Corporation in the manner provided in Section 9.68.5, but no such performance or payment by the Trustee shall be deemed to relieve the Corporation from default hereunder.

Appears in 1 contract

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

Trustee May Perform Covenants. If the Corporation Company fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 9.86.9) need not, notify the Debentureholders Holders 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 Corporation Company in the manner provided in Section 9.63.4, but no such performance or payment by the Trustee shall be deemed to relieve the Corporation Company from default hereunder.

Appears in 1 contract

Samples: Indenture (Timberwest Forest Corp)

Trustee May Perform Covenants. If the Corporation fails shall fail to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 9.8clause 6.2) need not, notify the 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 so to do so and all do. All sums so expended or advanced shall be repayable by the Corporation in the manner provided in Section 9.6clause 5.7, but no such performance or payment by the Trustee shall be deemed to relieve the 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 Corporation fails shall fail to perform any covenant on of its part herein containedcovenants contained in this Indenture, the Trustee may in its discretion, but (subject to Section 9.8) need not, notify advise the Debentureholders of such failure or may but need not itself perform any of said the covenants capable of being performed by it andit, if but shall be under no obligation to do so or to notify the Debentureholders. If any such covenant requires the payment expenditure or expenditure advance of money, it the Trustee may but need not make such payment expenditure or expenditure advance 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 Corporation in the manner provided in Section 9.66.3. No such performance, but no such performance expenditure or payment by the Trustee advance shall be deemed to relieve the Corporation from any default hereunder.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

Trustee May Perform Covenants. If the Corporation fails to perform any covenant on its part herein contained, the Trustee may in its discretion, but (subject to Section 9.8section 6.9) need not, notify the Debentureholders Holders 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 Corporation in the manner provided in Section 9.6section 3.4, but no such performance or payment by the Trustee shall be deemed to relieve the Corporation from default hereunder.

Appears in 1 contract

Samples: Note Indenture (Enterra Energy Trust)

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