Common use of Trustee Not Ordinarily Bound Clause in Contracts

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.2, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 4 contracts

Samples: Indenture (Modern Mining Technology Corp.), Convertible Debenture Indenture, Indenture (Aurora Cannabis Inc)

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Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 4 contracts

Samples: Debenture Indenture, Convertible Debenture Indenture (Siyata Mobile Inc.), Indenture (Organigram Holdings Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 3 contracts

Samples: Indenture (Aurora Cannabis Inc), Debenture Indenture, Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 3 contracts

Samples: Debenture Indenture (Molycorp, Inc.), Convertible Debenture Indenture (Anderson Energy LTD), Debenture Indenture (Ivanhoe Energy Inc)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.212.2, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Company of any of the obligations herein imposed upon the Corporation Company or of the covenants on the part of the Corporation Company herein contained, nor in any way to supervise or interfere with the conduct of the CorporationCompany’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1210, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 3 contracts

Samples: Debenture Indenture, Debenture Indenture, Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 3 contracts

Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Company of any of the obligations herein imposed upon the Corporation Company or of the covenants on the part of the Corporation Company herein contained, nor in any way to supervise or interfere with the conduct of the CorporationCompany’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Debenture Indenture (Bellatrix Exploration Ltd.), Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.2, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Indenture, Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 11.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.217.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1215, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: First Supplemental Convertible Debenture Indenture (Mogo Inc.), Convertible Debenture Indenture (Mogo Finance Technology Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Debenture Indenture, Convertible Debenture Indenture (Crailar Technologies Inc)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 6.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.210.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures Notes then outstanding or by any Extraordinary Resolution of the Debentureholders Noteholders passed in accordance with the provisions contained in Article 128, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 Sections 7.1 and 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.2the provisions of Trust Indenture Legislation, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Company of any of the obligations herein imposed upon the Corporation Company or of the covenants on the part of the Corporation Company herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s Company's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 2550% of the aggregate principal amount of the Debentures Bonds then outstanding or by any Extraordinary Resolution majority resolution of the Debentureholders Bond holders passed in accordance with the provisions contained in Article 1210, and then only after it shall have been indemnified and funded and indemnified (or provision having been made for such funding which are satisfactory to the Trustee) to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Trust Indenture (Blue Earth Refineries Inc.), Trust Indenture (MFC Bancorp LTD)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Indenture, Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 9.3 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Issuer of any of the obligations herein imposed upon the Corporation Issuer or of the covenants on the part of the Corporation Issuer herein contained, nor in any way to supervise or interfere with the conduct of the CorporationIssuer’s business, unless the Trustee shall have been required to do so in writing by the holders Debentureholders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power & Utilities Corp.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.212.2, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 2550% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1210, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.2, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 9.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.216.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation REIT of any of the obligations herein imposed upon the Corporation REIT or of the covenants on the part of the Corporation REIT herein contained, nor in any way to supervise or interfere with the conduct of the CorporationREIT’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1214, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 9.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.216.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Trust of any of the obligations herein imposed upon the Corporation Trust or of the covenants on the part of the Corporation Trust herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s Trust's business, unless the Trustee shall have been required to do so in writing by the holders Debentureholders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1214, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power Income Fund)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.2the provisions of Indenture Legislation, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Company of any of the obligations herein imposed upon the Corporation Company or of the covenants on the part of the Corporation Company herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s Company's business, unless the Trustee shall have been required to do so in writing by the holders Holders of not less than 25% of the aggregate principal amount of the Debentures Debt Securities then outstanding or by any an Extraordinary Resolution of the Debentureholders Holders passed in accordance with the provisions contained in Article 12, 9 and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture (Case Credit Corp)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture (HEXO Corp.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of Company or the Parent of, any of the obligations herein imposed upon the Corporation Company or of the Parent or the covenants on the part of the Corporation Company or the Parent herein contained, nor in any way to supervise or interfere with the conduct of the CorporationCompany’s or the Parent’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 2550% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Energy Fuels Inc)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture (Kirkland Lake Gold Ltd.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 6.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.210.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Issuer of any of the obligations herein imposed upon the Corporation Issuer or of the covenants on the part of the Corporation Issuer herein contained, nor in any way to supervise or interfere with the conduct of the CorporationIssuer’s business, unless the Trustee shall have been required to do so in writing by the holders Holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders Holders passed in accordance with the provisions contained in Article 128, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (High Tide Inc.)

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Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.2, 10.3.1 be bound to give notice to any Person person of the execution hereof or of the charge hereof, unless and until the security hereby constituted shall have become enforceable and the Trustee shall have determined or become bound to enforce the same, nor shall the Trustee be bound to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding a Debentureholders' Request or by any an Extraordinary Resolution of the Debentureholders Holders passed in accordance with the provisions contained in Article 128, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (Sr Telecom Inc)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the The Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required under the terms of this Indenture to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture (Vision Marine Technologies Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.211.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Issuer of any of the obligations herein imposed upon the Corporation Issuer or of the covenants on the part of the Corporation Issuer herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s Issuer's business, unless the Trustee shall have been required to do so in writing by the holders Holders of not less than 25% of the aggregate principal amount of the Debentures Notes then outstanding or by any Extraordinary Resolution of the Debentureholders Holders passed in accordance with the provisions contained in Article 129, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (Perpetual Energy Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.216.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Issuer of any of the obligations herein imposed upon the Corporation Issuer or of the covenants on the part of the Corporation Issuer herein contained, nor in any way to supervise or interfere with the conduct of the CorporationIssuer’s business, unless the Trustee shall have been required to do so in writing by the holders Debentureholders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1214, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power & Utilities Corp.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.2, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed under any Note Document upon the Corporation or of the covenants on the part of the Corporation herein therein contained, nor in any way to supervise or interfere with the conduct of the business of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures Notes then outstanding or by any Extraordinary Resolution of the Debentureholders Noteholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Secured Note Indenture (Joway Health Industries Group Inc)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Ordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (MDC Partners Inc)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures Notes then outstanding or by any Extraordinary Resolution of the Debentureholders Noteholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture (Sundial Growers Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.213.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1211, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Secured Trust Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 clause 6.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.2clause 11.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% fifty-one (51%) percent of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution extraordinary resolution of the Debentureholders passed in accordance with the provisions contained in Article 129, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Debenture Trust Indenture (Power Plus Corp)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation Trust of any of the obligations herein imposed upon the Corporation Trust or of the covenants on the part of the Corporation Trust herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s Trust's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1213, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Perpetual Energy Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.2, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Convertible Debenture Indenture

Trustee Not Ordinarily Bound. Except as provided in Section Subsection 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.2Subsection 13.2, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than twenty five (25% %) per cent of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution extraordinary resolution of the Debentureholders passed in accordance with the provisions contained in Article 12Section 11, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

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

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.212.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures Notes then outstanding or by any Extraordinary Resolution of the Debentureholders Noteholders passed in accordance with the provisions contained in Article 1210, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Indenture (Terrace Energy Corp)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.215.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12ARTICLE XIII, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Brigus Gold Corp.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.214.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s 's business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 12, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Secured Convertible Debenture Indenture (Starfighters Space, Inc.)

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.212.3, be bound to give notice to any Person of the execution hereof, nor to do, observe or perform perform, or see to the observance or performance by the Corporation of of, any of the obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 25% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1210, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Secured Trust Indenture

Trustee Not Ordinarily Bound. Except as provided in Section 8.2 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.212.3, be bound to give notice to any Person person of the execution hereof, nor to do, observe or perform or see to the observance or performance by the Corporation of any of the obligations Obligations herein imposed upon the Corporation or of the covenants on the part of the Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Corporation’s business, unless the Trustee shall have been required to do so in writing by the holders of not less than 2566 2/3% of the aggregate principal amount of the Debentures then outstanding or by any Extraordinary Resolution of the Debentureholders passed in accordance with the provisions contained in Article 1210, and then only after it shall have been funded and indemnified to its satisfaction against all actions, proceedings, claims and demands to which it may render itself liable and all costs, charges, damages and expenses which it may incur by so doing.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

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