Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company under this Indenture with the same effect as though the Successor had been named as the Company herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 3 contracts
Samples: Trust Indenture (Constellation Software Inc), Trust Indenture (Constellation Software Inc), Trust Indenture (Timberwest Forest Corp)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 3 contracts
Samples: Trust Indenture (Primero Mining Corp), Note Indenture (PENGROWTH ENERGY Corp), Trust Indenture (Zarlink Semiconductor Inc)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee Agent an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee Agent will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 2 contracts
Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 hereof shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion Opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Samples: Trust Indenture (MDC Partners Inc)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Trust Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Trust Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 12.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company REIT under this Indenture with the same effect as though the Successor had been named as the Company REIT herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company REIT shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company REIT delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company REIT or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Samples: Trust Indenture
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures Notes forthwith upon the Company Corporation delivering to the Debenture Note Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Note Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 9.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures Note forthwith upon the Company Corporation delivering to the Debenture Note Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Note Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall 11.1 have been duly observed and performed, any Successor formed by or resulting from such transaction shall will succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company shall Corporation be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall will not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 hereof shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Issuer under this Indenture with the same effect as though the Successor had been named as the Company Issuer herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Issuer shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Issuer delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Issuer or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Samples: Trust Indenture (Algonquin Power & Utilities Corp.)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Samples: Indenture (Kirkland Lake Gold Ltd.)
Vesting of Powers in Successor. Whenever the conditions of Section 10.1 hereof shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Issuer under this Indenture with the same effect as though the Successor had been named as the Company Issuer herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Issuer shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Issuer delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Issuer or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.
Appears in 1 contract
Samples: Trust Indenture (Algonquin Power & Utilities Corp.)