Examples of Fund Trust Indenture in a sentence
The General Partner shall ensure that the total funding requirement specified in any Allotment Notice issued pursuant to Section 3.4 of the Fund Trust Indenture or the ECT Trust Indenture, as applicable, takes into account any subscription for Fund Units, ECT Preferred Units, ECT Class B Units and Class C Units by the Enbridge Class C Unitholders in order to maintain the foregoing proportions.
The exchange ratio shall be that number of Issuer Securities for which a Subject Security is exchangeable and shall be one for one subject to the terms of the applicable Exchangeable Security (the “Exchange Ratio”) as set out in Article 5 of Schedule 2 and Article 5 of Schedule 3 of the EIPLP Limited Partnership Agreement, subsection 2(h) or subsection 3(h) of Schedule F of the ECT Trust Indenture or subsection 3.1(b)(vii) of the Fund Trust Indenture, as applicable.
All Exchangeable Securities shall be deemed to be exchanged for a value per Exchangeable Security equal to the “Exchange Right Net Asset Value” pursuant to the terms of the applicable Exchangeable Security as set out in Section 6.4 of Schedule 2 of the EIPLP Limited Partnership Agreement, subsection 2(k) or subsection 3(k) of Schedule F of the ECT Trust Indenture or subsection 3.1(b)(ix) of the Fund Trust Indenture, as applicable.
Subject to compliance with the Fund Trust Indenture, the Trust Indenture and Applicable Laws, each of the Parties will execute all documents and take all other actions necessary or desirable to effect the Exchange Right.
Each of Enbridge and EIFH acknowledge and agree that the exercise of the Exchange Right will not trigger the pre-emptive right as set out in section 3.4 of the Fund Trust Indenture.