Calculations in Respect of the Securities. Notwithstanding any other provisions herein, the Company and its agents (which does not include the Trustee in any of its capacities hereunder) shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on the Trustee, each Securities Agent and all Holders. The Company shall provide a copy of such calculations to the Trustee as required hereunder, and, absent such manifest error, the Trustee (in all of its capacities) shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification. The Trustee (in all of its capacities) shall not have any duty or responsibility to confirm, determine or verify, or in any case be responsible or liable for, such calculations or the Company’s determination as to whether an adjustment shall be made.
Appears in 2 contracts
Sources: Indenture (B2gold Corp), Indenture (Fortuna Silver Mines Inc)
Calculations in Respect of the Securities. Notwithstanding any other provisions herein, the Company and its agents (which does not include the Trustee in any of its capacities hereunderTrustee, Paying Agent or Conversion Agent) shall make all calculations under this Indenture and the Securities in good faith. In the absence of manifest error, such calculations shall be final and binding on the Trustee, each Securities Agent and all Holders. The Company shall provide a copy of such calculations to the Trustee as required hereunder, and, absent such manifest error, the Trustee (in all of its capacities) shall be entitled to conclusively rely on the accuracy of any such calculation without independent verification. The Neither the Trustee (in all of its capacities) nor any Securities Agent shall not have any duty or responsibility to confirm, determine confirm or verify, or in any case be responsible or liable for, such calculations or the Company’s 's determination as to whether an adjustment shall be made.
Appears in 1 contract
Sources: Indenture (Equinox Gold Corp.)