CONTROL BY DEBENTUREHOLDERS. The holders of a majority in aggregate principal amount of the Debentures at the time Outstanding, determined in accordance with Section 10.4, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture. Subject to the provisions of Section 9.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability. The holders of a majority in aggregate principal amount of the Debentures at the time Outstanding affected thereby, determined in accordance with Section 10.4, may on behalf of the holders of all of the Debentures waive any past default in the performance of any of the covenants contained herein and its consequences, except (i) a default in the payment of the principal of or interest on, any of the Debentures as and when the same shall become due by the terms of such Debentures otherwise than by acceleration (unless such default has been cured and a sum sufficient to pay all matured installments of interest and principal has been deposited with the Trustee (in accordance with Section 7.1(c)); (ii) a default in the covenants contained in Section 5.6; or (iii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the holder of each Outstanding Debenture affected; provided, however, that if the Debentures are held by the Trust or a trustee of the Trust, such waiver or modification to such waiver shall not be effective until the holders of a majority in liquidation preference of Trust Securities of the Trust shall have consented to such waiver or modification to such waiver; provided further, that if the consent of the holder of each Outstanding Debenture is required, such waiver shall not be effective until each holder of the Trust Securities of the Trust shall have consented to such waiver. Upon any such waiver, the default covered thereby shall be deemed to be cured for all purposes of this Indenture and the Company, the Trustee and the holders of the Debentures shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequen...
CONTROL BY DEBENTUREHOLDERS. The Holders of a majority in principal amount of the Outstanding Debentures shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee, provided that
CONTROL BY DEBENTUREHOLDERS. The holders of a majority in aggregate principal amount of the Debentures at the time Outstanding, determined in accordance with Section 10.4, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture. Subject to the provisions of
CONTROL BY DEBENTUREHOLDERS. 31 SECTION 7.7 UNDERTAKING TO PAY COSTS...................................31 SECTION 7.8 DIRECT ACTION BY HOLDERS OF PREFERRED SECURITIES...........32 ARTICLE VIII FORM OF DEBENTURE AND ORIGINAL ISSUE.........................32 SECTION 8.1 FORM OF DEBENTURE..........................................32
CONTROL BY DEBENTUREHOLDERS. 22 SECTION 7.7 UNDERTAKING TO PAY COSTS....................................23
CONTROL BY DEBENTUREHOLDERS. The Debentureholders of at least a majority in principal amount of the outstanding Debentures, may direct the time, method and place (in Ontario) of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on it with respect to the Debentures; and take any other action authorized to be taken by or on behalf of the Debentureholders of any specified aggregate principal amount of Debentures under any provisions of this Indenture or under all applicable laws. The Trustee may refuse, however, to follow any direction that conflicts with law or this Indenture.
CONTROL BY DEBENTUREHOLDERS. Section 7.7 Undertaking to Pay Costs. . . . . . . . . . . . . . . . . Section 7.8 Direct Action; Right of Set-Off . . . . . . . . . . . . .
CONTROL BY DEBENTUREHOLDERS. The holders of a majority in aggregate principal amount of the Debentures at the time Outstanding, determined in accordance with Section 10.4, shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred on the Trustee; provided, however, that such direction shall not be in conflict with any rule of law or with this Indenture. Subject to the provisions of Section 9.1, the Trustee shall have the right to decline to follow any such direction if the Trustee in good faith shall, by a Responsible Officer or Officers of the Trustee, determine that the proceeding so directed would involve the Trustee in personal liability. The holders of a majority
CONTROL BY DEBENTUREHOLDERS. 44 SECTION 6.13. WAIVER OF PAST DEFAULTS.................................................................. 44 SECTION 6.14. UNDERTAKING FOR COSTS.................................................................... 44 SECTION 6.15. WAIVER OF STAY OR EXTENSION LAWS......................................................... 45
CONTROL BY DEBENTUREHOLDERS. 43 Section 8.7 Undertaking to Pay Costs.......................................... 44 Section 8.8 Direct Action; Right of Set-Off................................... 44 ARTICLE IX - FORM OF DEBENTURE AND ORIGINAL ISSUE.............................. 44 Section 9.1 Form of Debenture................................................. 44 Section 9.2 Original Issue of Debentures...................................... 45
