Common use of Certificate as to Adjustment Clause in Contracts

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust and acceptable to the Trustee (who may be the Auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Algonquin Power Income Fund)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.56.4, deliver an Officer's Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 6.8 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.96.8.

Appears in 1 contract

Sources: Trust Indenture

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified conclusively determined by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and such advice or determination shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 6.10 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.96.10.

Appears in 1 contract

Sources: Convertible Debenture Indenture

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.55.3, deliver an Officer's Officers’ Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust and acceptable to the Trustee Corporation (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 5.8 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice to the Debentureholders need be given under this Section 6.95.7.

Appears in 1 contract

Sources: Trust Indenture

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an certificate, report or opinion of a firm of chartered accountants appointed by the Trust and acceptable to the Debenture Trustee (who may be the Auditors auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice otherwise than under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Pengrowth Energy Trust)

Certificate as to Adjustment. The Trust Company shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.56.4, deliver an Officer's a Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate Certificate and the amount of the adjustment specified therein shall be verified accompanied by an unqualified opinion of a firm of chartered accountants appointed by the Trust Company and acceptable to the Trustee (who may be the Auditors of the TrustCompany) to the effect that such Certificate presents fairly all matters described therein, and that the calculation of the amount of the adjustment specified therein is accurate, in accordance with the requirements of this Indenture, and such Certificate, when approved by the Trustee, shall be conclusive and binding on all parties in interest. When so approved, the Trust The Company shall, except in respect of any subdivision, redivision, reduction, combination subdivision or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders Debenture holders in the manner provided in Section 15.2 Article 14 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, that if the Trust Company has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.96.8.

Appears in 1 contract

Sources: Trust Indenture (Pope & Talbot Inc /De/)

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Officers' Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust and acceptable to the Trustee (who may be the Auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Perpetual Energy Inc.)

Certificate as to Adjustment. 4.8 The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5Subsection 5.4, deliver an Officer's Officers’ Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and and, when approved by the Trustee, shall be conclusive and binding on all parties in interestinterested parties. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 Subsection 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 Subsection 5.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9Subsection 5.8.

Appears in 1 contract

Sources: Trust Indenture (Poly-Pacific International Inc.)

Certificate as to Adjustment. The Trust REIT shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.56.4, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust REIT and acceptable to the Trustee (who may be the Auditors of the TrustREIT) and shall be conclusive and binding on all parties in interest. When so approved, the Trust REIT shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust REIT has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9given.

Appears in 1 contract

Sources: Trust Indenture

Certificate as to Adjustment. The Trust Company shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust and acceptable to the Trustee Company (who may be the Auditors of Company’s Auditors) and acceptable to the Trust) Debenture Trustee and shall be conclusive and binding on all parties in interest. When so approvedverified, the Trust Company shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, Shares referred to in Sections 6.5(a)(i) or 6.5(a)(ii) forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Company has previously given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Canadian Satellite Radio Holdings Inc.)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified conclusively determined by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and such advice or determination shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 6.10 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.96.10.

Appears in 1 contract

Sources: Indenture (Aurora Cannabis Inc)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Corporation and acceptable to the Debenture Trustee (who may be the Auditors auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice otherwise therein under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Gastar Exploration LTD)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5clause 12.3, deliver an Officer's Officers' Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and and, when approved by the Trustee shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsShares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 clause 10.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting applicable Conversion Priceformula; provided that, if the Trust Corporation has given notice under this Section 6.9 clause 12.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9clause 12.8.

Appears in 1 contract

Sources: Debenture Trust Indenture (Power Plus Corp)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Officers' Certificate to the Indenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Corporation and acceptable to the Indenture Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Indenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture

Certificate as to Adjustment. The Trust Issuer shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Issuer and acceptable to the Trustee (who may be the Auditors of the TrustIssuer) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Issuer shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsIssuer Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Issuer has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Algonquin Power & Utilities Corp.)

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust and acceptable to the Debenture Trustee (who may be the Auditors auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Harvest Energy Trust)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Debenture Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice otherwise than under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Note Indenture (PENGROWTH ENERGY Corp)

Certificate as to Adjustment. The Trust Issuer shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Issuer and acceptable to the Trustee (who may be the Auditors of the TrustIssuer) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Issuer shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsIssuer Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Issuer has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Algonquin Power & Utilities Corp.)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified conclusively determined by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and such advice or determination shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsSubordinate Voting Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 6.10 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.96.10.

Appears in 1 contract

Sources: Indenture

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust and acceptable to the Debenture Trustee (who may be the Auditors auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9Section.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Applicable Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Indenture

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.56.3, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified conclusively determined by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and such advice or determination shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 6.7 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.96.7.

Appears in 1 contract

Sources: Indenture (Modern Mining Technology Corp.)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately immediately, but in any event within five (5) Business Days, after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.54.3, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 11.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice otherwise than under this Section 6.9 4.8 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.94.8. Failure to provide or mail any such notice or any defect therein shall not affect the validity of any such adjustment.

Appears in 1 contract

Sources: Trust Indenture (Endeavour Silver Corp)

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's ’s Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust and acceptable to the Debenture Trustee (who may be the Auditors auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice otherwise than under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Canetic Resources Trust)

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust and acceptable to the Debenture Trustee (who may be the Auditors auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice otherwise than under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust and acceptable to the Debenture Trustee (who may be the Auditors auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in i n the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice otherwise than under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Trust shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.5, deliver an Officer's Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust and acceptable to the Debenture Trustee (who may be the Auditors auditors of the Trust) and shall be conclusive and binding on all parties in interest. When so approved, the Trust shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust Units, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 14.2 specifying the event requiring such adjustment or readjustment orreadjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust has given notice otherwise than under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.54.4, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsShares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 4.8 covering all the relevant facts in respect of such event and if the Trustee approves, relying on the opinion of Counsel, no such notice need be given under this Section 6.94.8. The Trustee shall rely, and shall be protected in so doing, upon the Officer’s Certificate, or the opinion of auditor and any other document filed by the Corporation pursuant to this Article 4 for all purposes.

Appears in 1 contract

Sources: Convertible Debenture Indenture

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.55.6, deliver an Officer's ’s Certificate to the Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion advice of a firm of nationally recognized chartered accountants appointed by the Trust Corporation and acceptable to the Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 12.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 5.12 covering all the relevant facts in respect of such event and if the Trustee approves, no such notice need be given under this Section 6.95.12.

Appears in 1 contract

Sources: Indenture

Certificate as to Adjustment. The Trust Corporation shall from time to time immediately after the occurrence of any event which requires an adjustment or readjustment as provided in Section 6.56.4, deliver an Officer's ’s Certificate to the Debenture Trustee specifying the nature of the event requiring the same and the amount of the adjustment necessitated thereby and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based, which certificate and the amount of the adjustment specified therein shall be verified by an opinion of a firm of chartered accountants appointed by the Trust Corporation and acceptable to the Debenture Trustee (who may be the Auditors of the TrustCorporation) and shall be conclusive and binding on all parties in interest. When so approved, the Trust Corporation shall, except in respect of any subdivision, redivision, reduction, combination or consolidation of the Trust UnitsCommon Shares, forthwith give notice to the Debentureholders in the manner provided in Section 15.2 13.2 specifying the event requiring such adjustment or readjustment and the results thereof, including the resulting Conversion Price; provided that, if the Trust Corporation has given notice under this Section 6.9 covering all the relevant facts in respect of such event and if the Debenture Trustee approves, no such notice need be given under this Section 6.9given.

Appears in 1 contract

Sources: Trust Indenture (Wi-Lan Inc.)