Trustee Not Ordinarily Bound. Except as provided in Section 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 11.3, 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 Issuer of any of the obligations herein imposed upon the Issuer or of the covenants on the part of the Issuer herein contained, nor in any way to supervise or interfere with the conduct of the Issuer’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 Notes then outstanding, 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: Trust Indenture (Ascend Wellness Holdings, Inc.), Trust Indenture (Curaleaf Holdings, Inc.), Trust Indenture (Harvest Health & Recreation Inc.)
Trustee Not Ordinarily Bound. Except as provided in Section 7.2 8.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 11.314.2, 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 Issuer Corporation of any of the obligations herein imposed upon the Issuer Corporation or of the covenants on the part of the Issuer Corporation herein contained, nor in any way to supervise or interfere with the conduct of the IssuerCorporation’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 Notes Debentures then outstanding, and then only after it shall have been funded and indemnified to its reasonable 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 (Canopy Growth Corp), Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Trustee Not Ordinarily Bound. Except as provided in Section 7.2 9.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 11.313.3, 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 Issuer of any of the obligations herein imposed upon the Issuer or of the covenants on the part of the Issuer herein contained, nor in any way to supervise or interfere with the conduct of the Issuer’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 Notes then outstanding, 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 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 11.3, 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 Issuer of any of the obligations herein imposed upon the Issuer or of the covenants on the part of the Issuer herein contained, nor in any way to supervise or interfere with the conduct of the Issuer’s business, unless the Trustee shall have been required to do so in writing by the Holders of not less more than 2550% of the aggregate principal amount of the Notes then outstanding, 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: Collateral Agency Agreement
Trustee Not Ordinarily Bound. Except as provided in Section 7.2 9.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 11.316.2, 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 Issuer Corporation of any of the obligations herein imposed upon the Issuer Corporation or of the covenants on the part of the Issuer Corporation herein contained, nor in any way to supervise or interfere with the conduct of the IssuerCorporation’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 Notes Debentures then outstanding, and then only after it shall have been funded and indemnified to its reasonable 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 (Canopy Growth Corp)
Trustee Not Ordinarily Bound. Except as provided in Section 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 11.314.3, 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 Issuer Corporation of any of the obligations herein imposed upon the Issuer Corporation or of the covenants on the part of the Issuer Corporation herein contained, nor in any way to supervise or interfere with the conduct of the Issuer’s Corporation's business, unless the Trustee shall have been required to do so in writing by the Holders holders of not less than 2540% of the aggregate principal amount of the Notes Debentures then outstanding, 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: NexGen Energy Ltd.
Trustee Not Ordinarily Bound. Except as provided in Section 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 11.37.3, 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 Issuer of any of the obligations herein imposed upon the Issuer or of the covenants on the part of the Issuer herein contained, nor in any way to supervise or interfere with the conduct of the Issuer’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 Notes then outstanding, 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 (Urs Corp /New/)