Common use of Trustee May Perform Covenants Clause in Contracts

Trustee May Perform Covenants. If the Corporation shall fail to perform any of its covenants contained herein, the Trustee may in its discretion, but (subject to section 5.2) need not, notify the Noteholders of such failure or may itself perform any of such covenants capable of being performed by it and, if any such covenant requires the payment of money, all sums so paid shall be payable by the Corporation. No such performance by the Trustee of any covenant contained herein or payment by the Corporation of any sums pursuant to the foregoing provisions shall be deemed to relieve the Corporation from any default hereunder.

Appears in 1 contract

Samples: Note Indenture (Peru Copper Inc.)

AutoNDA by SimpleDocs

Trustee May Perform Covenants. If the Corporation shall fail fails to perform any of covenant on its covenants contained hereinpart herein contained, the Trustee may in its discretion, but (subject to section 5.2) need not, notify the Noteholders of such failure or may itself perform any of such covenants covenant capable of being performed by it and, if any such covenant requires the payment or expenditure of money, all the Trustee may make such payment or expenditure with its own funds or with money borrowed by or advanced to it for such purpose, but shall be under no obligation to do so. All sums so paid expended or advanced shall be payable by the Corporation. No such performance by the Trustee of any covenant contained herein or payment repayable by the Corporation of any sums pursuant to in the foregoing provisions manner provided in Section 10.5, but no such performance or payment shall be deemed to relieve the Corporation from any default or continuing obligation hereunder.

Appears in 1 contract

Samples: Indenture

Trustee May Perform Covenants. If the Corporation shall fail to perform any of its covenants contained hereinin this Indenture, the Trustee may in its discretion, but (subject to section 5.2) need not, notify advise the Noteholders Debentureholders of such failure or may itself perform any of such 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 advance of money, the Trustee may make such expenditure or advance with its own funds, or with money borrowed by or advanced to it for such purposes, and all sums so paid expended or advanced shall be payable repayable by the CorporationCorporation in the manner provided in Section 6.3. No such performance by the Trustee of any covenant contained herein performance, expenditure or payment by the Corporation of any sums pursuant to the foregoing provisions 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 shall fail fails to perform any of covenant on its covenants contained hereinpart herein contained, the Trustee may in its discretion, but (subject to section 5.2) need not, notify the Noteholders of such failure or may itself perform any of such covenants covenant capable of being performed by it and, if any such covenant requires the payment or expenditure of money, all the Trustee may make such payment or expenditure with its own funds or with money borrowed by or advanced to it for such purpose, but shall be under no obligation to do so. All sums so paid expended or advanced shall be payable by the Corporation. No such performance by the Trustee of any covenant contained herein or payment repayable by the Corporation of any sums pursuant to in the foregoing provisions manner provided in Section 8.5, but no such performance or payment shall be deemed to relieve the Corporation from any default or continuing obligation hereunder.

Appears in 1 contract

Samples: Note Indenture (Gryphon Gold Corp)

AutoNDA by SimpleDocs

Trustee May Perform Covenants. If the Corporation shall fail fails to perform any of covenant on its covenants contained hereinpart herein contained, the Trustee may in its discretion, but (subject to section 5.2) need not, notify the Noteholders of such failure or may itself perform any of such covenants covenant capable of being performed by it and, if any such covenant requires the payment or expenditure of money, all the Trustee may make such payment or expenditure with its own funds or with money borrowed by or advanced to it for such purpose, but shall be under no obligation to do so. All sums so paid expended or advanced shall be payable by the Corporation. No such performance by the Trustee of any covenant contained herein or payment repayable by the Corporation of any sums pursuant to in the foregoing provisions manner provided in Section 6.4, but no such performance or payment shall be deemed to relieve the Corporation from any default or continuing obligation hereunder.

Appears in 1 contract

Samples: Trust Indenture (Crystallex International Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!