Common use of Vesting of Powers in Successor Clause in Contracts

Vesting of Powers in Successor. Whenever the conditions of Section 9.1 shall have been duly observed and performed, upon the Trustee and the Successor duly executing and delivering a supplemental indenture in form and substance satisfactory to Counsel: (a) the Successor shall possess and from time to time may exercise each and every right and power of the Corporation under this Indenture in the name of the Corporation or otherwise and any act or proceeding by any provision of this Indenture required to be done or performed by any directors or officers of the Corporation may be done and performed with like force and effect by the directors, trustees or officers of such Successor; and (b) the Corporation shall be released and discharged from liability under this Indenture and the Trustee may execute any documents which it may be advised are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 7 contracts

Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)

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Vesting of Powers in Successor. Whenever the conditions of Section section 9.1 shall have been duly observed and performed, upon the Trustee shall execute and deliver the Successor duly executing and delivering a supplemental indenture provided for in form Article 13 and substance satisfactory to Counsel: thereupon: (a) the Successor Person shall possess and from time to time may exercise each and every right and power of the Corporation under this Indenture in the name of the Corporation or otherwise otherwise, and any act or proceeding by any provision of this Indenture required to be done or performed by any directors Directors or officers of the Corporation may be done and performed with like force and effect by the directors, trustees like directors or officers of such SuccessorSuccessor Person; and and (b) the Corporation shall be released and discharged from liability under this Indenture and the Trustee may execute any such documents which it may be advised are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Certicom Corp)

Vesting of Powers in Successor. Whenever the conditions of Section 9.1 shall 10.1 have been duly observed and performed, upon the Trustee shall execute and deliver the Successor duly executing and delivering a supplemental indenture provided for in form Article 14 and substance satisfactory to Counsel: thereupon: (a) the Successor shall possess and from time to time may exercise each and every right and power of the Corporation under this Indenture Indenture, in the name of the Corporation or otherwise otherwise, and any act or proceeding required by any provision of this Indenture required to be done or performed by any directors or officers of the Corporation may be done and performed with like force and effect by the directors, trustees directors or officers of such the Successor; and and (b) the Corporation who was a party to this Indenture prior to the transaction described in Section 10.1, shall be released and discharged from liability under this Indenture and the Trustee may will execute any documents which it may be advised are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Indenture (Brookfield Renewable Energy Partners L.P.)

Vesting of Powers in Successor. Whenever the conditions of Section section 9.1 shall have been duly observed and performed, upon the Trustee shall execute and deliver the Successor duly executing and delivering a supplemental indenture provided for in form Article Thirteen and substance satisfactory to Counsel: thereupon: (a) the Successor Corporation shall possess and from time to time may exercise each and every right and power of the Corporation under this Indenture in the name of the Corporation or otherwise otherwise, and any act or proceeding by any provision of this Indenture required to be done or performed by any directors Directors or officers of the Corporation may be done and performed with like force and effect by the directors, trustees like directors or officers of such SuccessorSuccessor Corporation; and and (b) the Corporation shall be released and discharged from liability under this Indenture and the Trustee may execute any documents which it may be advised are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (MDC Partners Inc)

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Vesting of Powers in Successor. Whenever the conditions of Section 9.1 shall section 11.1 have been duly observed and performed, upon the Debenture Trustee shall execute and deliver the Successor duly executing supplemental debenture indenture provided for in Article 15 and delivering a supplemental indenture in form and substance satisfactory to Counsel: thereupon: (a) the Successor shall possess and from time to time may exercise each and every right and power of the Corporation Company under this Debenture Indenture in the name of the Corporation Company or otherwise otherwise, and any act or proceeding by any provision of this Debenture Indenture required to be done or performed by any directors Directors or officers of the Corporation Company may be done and performed with like force and effect by the directors, like trustees or officers of such Successor; and and (b) the Corporation Company shall be released and discharged from liability under this Debenture Indenture and the Debenture Trustee may shall execute any documents which it may be advised are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Debenture Indenture (New Gold Inc. /FI)

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