Common use of Trustee Not Ordinarily Bound Clause in Contracts

Trustee Not Ordinarily Bound. Except as provided in Section 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.3, 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 Relevant Debentureholder(s), 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 (NexGen Energy Ltd.)

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Trustee Not Ordinarily Bound. Except as provided in Section 7.2 6.9 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.311.3, 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 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 by a Noteholders’ Request or by an Extraordinary Resolution of the Holders passed in writing by Relevant Debentureholder(s)accordance with the provisions contained in Article 9, and then only after it shall have been indemnified and 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 (Timberwest Forest Corp)

Trustee Not Ordinarily Bound. Except as specifically provided in Section 7.2 and as otherwise specifically provided hereinthis Trust Indenture, the Trustee shall not, subject to Section 14.311.3, 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, contained unless the Trustee shall have been required to do so in writing by Relevant Debentureholder(s)an Extraordinary Resolution, 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, nor in any way or at any time or on any conditions to supervise or interfere with the conduct of the Corporation’s business.

Appears in 1 contract

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

Trustee Not Ordinarily Bound. Except as provided in Section 7.2 section 6.9 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.3section 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 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 by a Noteholders’ Request or by an Extraordinary Resolution of the Holders passed in writing by Relevant Debentureholder(s)accordance with the provisions contained in Article 9, and then only after it shall have been indemnified and 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: Note Indenture (Enterra Energy Trust)

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Trustee Not Ordinarily Bound. Except as provided in Section 7.2 and as otherwise specifically provided herein, the Trustee shall not, subject to Section 14.314.2, 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 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 Relevant Debentureholder(s), 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 (NexGen Energy Ltd.)

Trustee Not Ordinarily Bound. Except as specifically provided in Section 7.2 and as otherwise specifically provided hereinthis Trust Indenture, the Trustee shall not, subject to Section 14.312.3, 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, contained unless the Trustee shall have been required to do so in writing by Relevant Debentureholder(s)an Extraordinary Resolution, 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, nor in any way or at any time or on any conditions to supervise or interfere with the conduct of the Corporation’s business.

Appears in 1 contract

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

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