Concerning Interest. (1) The Notes issued pursuant to this Indenture, whether originally or upon exchange or in substitution for previously issued Notes shall bear interest (i) from and including the Issue Date or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor. (2) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused. (3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day. (4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date. (5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made. (6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 days, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 2 contracts
Sources: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.)
Concerning Interest. (1a) The Notes All Debt Securities issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debt Securities which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding NotesDebt Securities of that series, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date thereforDate.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes such Debt Security will cease to accrue from the earlier of (i) the Maturity Date of such Debt Security and (including, for certainty, ii) if the Notes were such Debt Security is called for redemption or prepaymentredemption, the date of such redemption or prepayment)fixed for redemption; unless unless, in each case, upon due presentation and surrender of such Note Debt Security for payment on or after the Maturity Dateor the date fixed for redemption, as the case may be, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amount, premium any amount of principal or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note Debtholders will not be entitled to any further interest on such principal, or to any interest on such interest, premium interest or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5d) Wherever in this Indenture or any Note the Debt Securities there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the NoteDebt Securities, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6e) Unless otherwise specifically provided in this Indenture or the terms of the Debt Securities of any Noteseries, interest on the Notes shall be computed on the a 360 day basis based on twelve 30 day months. With respect to any series of a year of 365 days or 366 daysDebt Securities, as applicable. Whenever whenever interest is computed on the basis of a year (the “"deemed year”") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 2 contracts
Sources: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.)
Concerning Interest. (1) The Notes 2.11.1 Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures, all Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the laterDebentures, in all cases, to and but excluding the next Interest Payment Date therefor.
(2) Subject Date. All interest shall accrue from day to accrual day and shall be payable in arrears for the actual number of any days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears on unpaid interest from time to time, interest each Interest Payment Date. Interest on the Notes will all Debentures issued hereunder shall cease to accrue from the Maturity Date (on payment in full of all amounts owing thereunder on, but not including, for certainty, if the Notes were called for redemption or prepayment, the maturity date of such redemption Debentures, Redemption Date or prepayment); unless Date of Conversion, as applicable, for such Debentures, unless, upon due presentation presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and surrender payment of such Note for payment on any accrued and unpaid interest or after the Maturity Date, such payment other amounts payable hereunder is improperly withheld or refused.
(3) If the date for payment of the Principal Amount. Interest shall accrue and be payable before and after any default and judgment, premium or with overdue interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if anysame rate, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note each subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) 2.11.2 Unless otherwise specifically provided in this Indenture or the terms of the Debentures of any Noteseries, interest on the Notes for any period of less than six months shall be computed on the basis of a year 365-day year. Subject to Section 2.4.5 in respect of 365 days or 366 daysthe method for calculating the amount of interest to be paid on the Convertible Debentures on the first Interest Payment Date in respect thereof, as applicable. Whenever with respect to any series of Debentures, whenever interest is computed on the a basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 2 contracts
Sources: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)
Concerning Interest. (1a) The All Notes issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Notes, shall bear interest (i) from and including the Issue Date their respective issue date or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment)Note; unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amount, premium or any amount of interest in respect of the Notes a Note is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect solely as a result of the period from the date for payment to such next Business Daydelayed payment.
(4d) The holder Holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of Persons in whose names such Note as is registered at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail in accordance with Section 14.2 by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5e) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6f) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest Interest on the Notes shall be computed payable in equal monthly amounts; provided that for any Interest Period that is shorter than a full monthly interest period, interest shall be calculated on the basis of a year of 365 days or 366 daysand the actual number of days elapsed in that period.
(g) For purposes of disclosure under the Interest Act (Canada), as applicable. Whenever the yearly rate of interest to which interest is computed on the basis of calculated under a Note for any period in any calendar year (the “deemed yearCalculation Period”) is equivalent to the rate payable under a Note in respect of the Calculation Period multiplied by a fraction the numerator of which contains fewer is the actual number of days than in such calendar year and the denominator of which is the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed yearCalculation Period.
Appears in 2 contracts
Sources: Trust Indenture, Trust Indenture
Concerning Interest. (1) The Notes issued pursuant to this IndentureEvery Note, whether issued originally or upon in exchange or in substitution for previously issued Notes Notes, shall bear interest (i) from and including the Issue Date or later of: (i) its date of issue; and (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding Notes, whichever shall be the later, in all cases, to and but excluding the next Interest Payment Date thereforDate.
(2) The Company will pay interest on the principal amount of the Notes semi-annually in arrears on May 1 and November 1 of each year (each an "Interest Payment Date"), commencing November 1, 2024, at the rate of 10.00% per annum. Interest will be computed on the basis of a 360-day year of twelve 30-day months. For purposes only of providing the disclosure required by the Interest Act (Canada), the yearly rate of interest for purposes thereof that is equivalent to the rate payable under the Notes is the rate payable under the Notes multiplied by the actual number of days in the year divided by 360.
(3) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes each Note will cease to accrue from the earlier of the Maturity Date (including, for certaintyof such Note and, if the Notes were such Note is called for redemption or prepaymentredemption, the date of such applicable redemption or prepayment); unless date, unless, in each case, upon due presentation and surrender of such Note for payment on or after such Maturity Date or redemption date, as the Maturity Datecase may be, such payment is improperly withheld or refused.
(3) If refused by the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business DayCompany.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note the Notes there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable in cash pursuant to this Indenture Indenture, any Notes or the Noteany supplemental indenture, and express mention of interest on amounts in default in any of the provisions of this Indenture or the Notes will not be construed as excluding such interest in those provisions of this Indenture where or the Notes in which such express mention is not made.
(5) Except as otherwise provided herein, if the date for payment of any amount of principal or interest in respect of any Note is not a Business Day, then payment will be made on the next Business Day and the Holder of such Note will not be entitled to any further interest or other payment in respect of the delay.
(6) Unless otherwise specifically provided Provided that all necessary regulatory approvals have been obtained (including any required approval of the Principal Exchange and any stock exchange on which the Common Shares are then listed), (i) the interest payable on each Interest Payment Date (excluding the Maturity Date) and (ii) the accrued and unpaid interest payable pursuant to Section 4.05 upon a conversion, shall be payable in Common Shares, unless, subject to the provisions and conditions of Section 2.13, a Holder has elected to receive cash in lieu of Common Shares in respect of interest payable on any Interest Payment Date or upon a conversion (as applicable) by delivering a Cash Interest Payment Election Notice to the Company and the Trustee in accordance with Section 2.13. Notwithstanding anything to the contrary in the Notes or in this Indenture, (i) interest for the final interest period ending on the Maturity Date will be paid entirely in cash ("Maturity Date Interest") in the same manner as the repayment of the aggregate principal amount of the notes then outstanding and (ii) the payment of accrued and unpaid interest in connection with any redemption or repurchase of Notes under this Indenture will be made solely in cash (any such interest, Maturity Date Interest and other interest payable in cash in accordance with this Indenture, "Cash Interest"). To the extent necessary regulatory approvals have not been obtained to issue Common Shares in respect of the interest payable on any Interest Payment Date or upon a conversion, as the case may be (including any required approval of the Principal Exchange and any stock exchange on which the Common Shares are then listed), the Company will pay such interest in cash as Cash Interest.
(7) The number of Common Shares to be issued in respect of interest on any Interest Payment Date or upon a conversion pursuant to Section 4.05 shall be determined based on the Interest Share Market Price by dividing the interest payable to each Noteholder on such Interest Payment Date or upon such conversion by the Interest Share Market Price; provided that the Interest Share Market Price shall not be lower than the "market price" determined in accordance with Section 2.2(a) of Policy 4.1 of the TSX Venture Exchange Company Manual, if then applicable, and shall be subject to the applicable requirements of any exchange on which the Common Shares are then listed. No fractional Common Shares shall be issued and the number of Common Shares to be issued will be rounded down to the nearest whole number of Common Shares. The Company will not make in payment in respect of fractional Common Shares that would have been issued if not for this clause (7).
(8) If all necessary regulatory approvals have been obtained for the Company to pay interest in Common Shares (including any required approval of the Principal Exchange and any stock exchange on which the Common Shares are then listed), the Company shall deliver a certificate or certificates representing such Common Shares or deposit such Common Shares through the Depository's non-certificated system or through the Direct Registration System (in each case, including any restrictions or legends that may be required under Applicable Securities Laws) to the Holder on the applicable Interest Payment Date and not later than ten (10) Business Days following a conversion.
(9) The Company shall, if applicable, pay the Cash Interest due upon the principal amount of each interest-bearing Definitive Note (except interest payable on maturity or redemption of a certificated Note which, at the option of the Company, may be paid only upon presentation of such certificated Note for payment) by forwarding or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Trustee and the Company determine to be appropriate) a cheque for such interest (less any tax required by law to be deducted or withheld) payable to the Holder of such Definitive Note on the applicable Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby (plus the amount of any tax deducted or withheld) unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non- receipt of such cheque by the applicable Noteholder or the terms loss, theft or destruction thereof, the Company, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Noteholder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Company, at its option, may cause the amount payable in respect of interest to be paid to a Noteholder by wire or other electronic transfer to an account maintained by such Noteholder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on the applicable Interest Payment Date.
(10) The Company shall, if applicable, pay the Cash Interest due upon the principal amount of each interest-bearing Global Note by wire to the Trustee (and then by the Trustee to the Depository or its nominee) for subsequent payment to beneficial holders of interests in that Global Note, unless the Company, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on the Global Notes shall be computed on deposited by the basis of a year of 365 days Company with the Trustee or 366 daysthe Depository (or its nominee), as applicable. Whenever interest is computed , by wire on or before 11:00 a.m. (Calgary time) on the basis Business Day prior to the Interest Payment Date, or on the Business Day prior to the mailing date, if payment is to be made by cheque. If the funds are deposited with the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The deposit of funds by the Company with the Trustee or with the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Company in respect of the interest then due on such Global Note to the extent of the amount deposited (plus the amount of any tax deducted and withheld).
(11) In no event shall any interest or fee to be paid hereunder or under a year (Note exceed the “deemed year”) which contains fewer days than maximum rate permitted by applicable laws. In the actual number of days in the calendar year of calculationevent any such interest rate or fee exceeds such maximum rate, such rate of interest shall be adjusted downward to the highest rate (expressed as a yearly rate for purposes percentage per annum) or fee that the parties could validly have agreed to by contract on the date hereof under Applicable Securities Laws. It is further agreed that any excess actually received by a holder of a Note shall be credited against the principal of the Interest Act Notes (Canada) by multiplying such rate of interest by or, if the actual number of days principal shall have been or would thereby be paid in all, the calendar year of calculation and dividing it by remaining amount shall be credited or paid to the number of days in the deemed yearCompany).
Appears in 1 contract
Sources: Indenture (Medicus Pharma Ltd.)
Concerning Interest. (1) The Notes issued pursuant to this IndentureEach Subordinate Secured Note, whether issued originally or upon in exchange or in substitution for previously issued Notes Subordinate Secured Notes, shall bear interest (i) from and including the Issue Date or later of (i) its date of issue; and (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding Subordinate Secured Notes, whichever . Interest on the principal amount of each Subordinate Secured Note shall be payable quarterly in arrears in equal instalments on March 31, June 30 and September 30 (each an “Interest Payment Date” and, collectively, the later“Interest Payment Dates”) of 2012 and shall be payable, commencing March 31, 2012, on each Interest Payment Date. For greater certainty, the first interest payment on the Subordinate Secured Notes will be payable on March 31, 2012 in the amount of CAD$35.89 per CAD$1,000 principal amount of notes and will represent accrued interest payable from and including November 22, 2011 to but excluding March 31, 2012. For greater certainty, in all casescalculating interest under this Indenture or under a Subordinate Secured Note for any period, to unless otherwise specifically stated, the first day of such period shall be included and excluding the next last day of such period shall be excluded. Interest Payment Date therefor.
(2) Subject to accrual shall be computed on the basis of a year of 365 days or 366 days in a leap year, as the case may be. For any interest on unpaid interest from time to timeperiod that is not an equal quarterly payment, interest on shall be calculated for the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, actual number of days in such period excluding the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) . Wherever in this Indenture or any a Subordinate Secured Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the such Subordinate Secured Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will shall not be construed as excluding such interest in those provisions of this Indenture where in which such express mention is not made.
. If the date for payment of any amount of principal and interest in respect of a Subordinate Secured Note is not a Business Day at the place of payment, then payment shall be made on the next Business Day at such place and the Holder of such Subordinate Secured Note shall not be entitled to any further interest or other payment in respect of the delay. The Corporation shall pay the interest due upon the principal amount of a Subordinate Secured Note (6except interest payable on maturity or redemption of such Subordinate Secured Note which, at the option of the Corporation, may be paid only upon presentation of such Subordinate Secured Note for payment) Unless by forwarding or causing to be forwarded by same day delivery at least three (3) Business Days prior to the applicable Interest Payment Date, a cheque for such interest (less any tax required by law to be deducted or withheld) payable on the applicable Interest Payment Date to the Paying Agent to be sent to the Holder of such Subordinate Secured Note on the Record Date for such payment at the Holder’s address appearing on the Register unless otherwise specifically provided directed in this Indenture writing by such Holder or, in the case of joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the Register and negotiable at par at each of the places at which interest upon such Subordinate Secured Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Subordinate Secured Note to the extent of the sum represented thereby (plus the amount of any tax deducted or withheld) unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Noteholder or the terms loss, theft or destruction thereof, the Corporation or the Paying Agent, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Noteholder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Corporation, at its option, may cause the amount payable in respect of interest to be paid to a Noteholder by wire transfer to an account maintained by such Noteholder or in any Noteother manner reasonably acceptable to the Trustee. If payment of interest is made by cheque, interest such cheque shall be forwarded at least two Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on the Notes applicable Interest Payment Date, provided the Trustee and the Paying Agent shall be computed on only forward such cheques upon receipt of the basis of a year of 365 days or 366 days, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate full amount of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days being paid in the calendar year of calculation and dividing it by the number of days in the deemed yearimmediately available funds pursuant to Section 8.4.
Appears in 1 contract
Sources: Note Indenture (Gryphon Gold Corp)
Concerning Interest. (1a) The Notes issued pursuant Except as otherwise provided in a Terms Schedule or Supplemental Indenture applicable to this Indenturea Series of Notes:
(i) every Note of a Series, whether issued originally or upon in exchange or in substitution for previously issued Notes Notes, shall bear interest (i) from and including the Issue Date or later of:
(iiA) from and including its date of issue; and
(B) the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding Notes, whichever Notes of the same Series;
(ii) interest shall be the later, payable semi-annually in all cases, arrears and in equal instalments to and excluding the next Interest Payment Date therefor.
(2) Subject to accrual of any interest on unpaid interest from time to time, interest Noteholders on the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such for each applicable Interest Payment Date, except if and to the extent the Corporation shall default in the payment ;
(iii) interest payable for any period of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes six months shall be computed on the basis of a year of 365 days or 366 days, as applicable. Whenever ; and
(iv) whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it such product by the number of days in the deemed year.
(b) Subject to accrual of any interest on unpaid interest from time to time, interest on each Note will cease to accrue from the earlier of the Maturity Date of such Note and, if such Note is called for redemption, the Redemption Date, unless, in each case, upon due presentation and surrender of such Note for payment on or after such Maturity Date or Redemption Date, as the case may be, such payment is improperly withheld or refused by the Issuer.
(c) In this Indenture, or in the Notes, where there is reference, in any context, to the payment of interest, such reference is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express reference to interest on amounts in default under this Indenture will not be construed as excluding such interest in those provisions of this Indenture in which such reference is not made.
(d) Except as otherwise provided herein or in a Terms Schedule or Supplemental Indenture applicable to a Series of Notes, if the date for payment of any amount of principal, Premium or interest in respect of any Note is not a Business Day at the place of payment, then payment will be made on the next Business Day at such place and the holder of such Note will not be entitled to any further interest or other payment in respect of the delay unless such date would fall in the following month, in which case such amount shall be determined or such action shall be taken at or before the requisite time on the prior day that is a Business Day at such location.
(e) Except as otherwise provided herein or in a Terms Schedule or Supplemental Indenture applicable to a Series of Notes, the Issuer shall pay the interest due upon the principal amount of each interest-bearing Note (except interest payable on maturity or redemption of a Note which, at the option of the Issuer, may be paid only upon presentation of such Note for payment) by forwarding or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest (less any tax required by law to be deducted or withheld) payable to the holder of such Note on the Record Date for each applicable Interest Payment Date at the address appearing on the Register unless otherwise directed in writing by the holder or, in the case of registered joint holders, payable to all such joint holders and addressed to one of them at the last address appearing in the applicable Register and negotiable at par at each of the places at which interest upon such Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Note to the extent of the sum represented thereby (plus the amount of any tax deducted or withheld) unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Noteholder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and an indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Noteholder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Noteholder by wire transfer to an account maintained by such Noteholder or in any other manner acceptable to the Trustee.
(f) If payment of interest is made by cheque, such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on the applicable Interest Payment Date.
(g) If a Series of Notes or any portion thereof is represented by a Global Note, then all payments of interest on the Global Note shall be made by wire transfer to the Depository or its nominee for subsequent payment to Beneficial Holders of that Global Note, unless the Issuer and the Depository otherwise agree. Such funds as are required for the payment of interest (less any tax required by law to be deducted or withheld) on the Global Note to the Depository shall be deposited by the Issuer with the Trustee by wire transfer on or before 10:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date. The Trustee shall use the funds deposited by the Issuer with the Trustee to pay to the Depository on the Interest Payment Date the interest on the Global Note then due. The deposit of funds by the Issuer with the Trustee with respect to the payment of interest on a Global Note will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount deposited (plus the amount of any tax deducted and withheld). None of the Issuer, the Trustee or any agent of the Trustee for any Note issued as a Global Note will be liable or responsible to any person for any aspect of the records related to or payments made on account of beneficial interests in any Global Note or for maintaining, reviewing, or supervising any records relating to such beneficial interests.
Appears in 1 contract
Sources: Trust Indenture (Veren Inc.)
Concerning Interest. (1a) The Notes All Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures, shall bear interest (i) from and including the their respective Issue Date or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding NotesDebentures, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Debenture will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment)Debenture; unless upon due presentation and surrender of such Note Debenture for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amount, premium or any amount of interest in respect of the Notes a Debenture is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note Debenture will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect solely as a result of the period from the date for payment to such next Business Daydelayed payment.
(4d) The holder Holder of any Note Debenture at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note Debenture subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of Persons in whose names such Note as Debenture is registered at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail in accordance with Section 14.2 by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes Debentures not less than 15 days preceding such subsequent Record Date.
(5e) Wherever in this Indenture or any Note Debenture there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the NoteDebenture, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6f) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest Interest on the Notes Debentures shall be computed payable at the end of each quarter and shall be calculated on the basis of a year of 365 days or 366 daysand the actual number of days elapsed in that period.
(g) For purposes of disclosure under the Interest Act (Canada), as applicable. Whenever the yearly rate of interest to which interest is computed on the basis of calculated under a Debenture for any period in any calendar year (the “deemed yearCalculation Period”) is equivalent to the rate payable under a Debenture in respect of the Calculation Period multiplied by a fraction the numerator of which contains fewer is the actual number of days than in such calendar year and the denominator of which is the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed yearCalculation Period.
Appears in 1 contract
Sources: Trust Indenture (High Tide Inc.)
Concerning Interest. (1a) The Notes Except as may otherwise be provided in this Indenture or in any supplemental indenture and subject to Section 2.1(c) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Debentures, all Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding NotesDebentures, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2) Subject Date. All interest shall accrue from day to accrual day and shall be payable in arrears for the actual number of any days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable monthly in arrears. Interest on unpaid interest from time to time, interest on the Notes will all Debentures issued hereunder shall cease to accrue from the Maturity Date (on, but not including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused.
(3b) If the date Interest for payment any period of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes a month shall be computed on the basis of a 360-day year composed of 365 days or 366 daystwelve 30-day months. Subject to Section 2.1(c) in respect of the method for calculating the amount of interest to be paid on the Debentures on the first Interest Payment Date in respect thereof, as applicable. Whenever whenever interest is computed on the basis of a year (the “"deemed year”") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 1 contract
Sources: Convertible Debenture Indenture
Concerning Interest. (1) The Notes issued pursuant to this IndentureEach Subordinate Secured Note, whether issued originally or upon in exchange or in substitution for previously issued Notes Subordinate Secured Notes, shall bear interest (i) from and including the Issue Date or later of (i) its date of issue; and (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding Subordinate Secured Notes, whichever . Interest on the principal amount of each Subordinate Secured Note shall be payable quarterly in arrears in equal instalments on March 31, June 30, September 30 and December 31 (each an “Interest Payment Date” and, collectively, the later“Interest Payment Dates”) of each year and shall be payable, commencing September 30, 2011, on each Interest Payment Date. For greater certainty, the first interest payment on the Subordinate Secured Notes will be payable on September 30, 2011 in the amount of CAD$17.53 per CAD$1,000 principal amount of notes and will represent accrued interest payable from and including July 27, 2011 to but excluding September 30, 2011. For greater certainty, in all casescalculating interest under this Indenture or under a Subordinate Secured Note for any period, to unless otherwise specifically stated, the first day of such period shall be included and excluding the next last day of such period shall be excluded. Interest Payment Date therefor.
(2) Subject to accrual shall be computed on the basis of a year of 365 days or 366 days in a leap year, as the case may be. For any interest on unpaid interest from time to timeperiod that is not an equal quarterly payment, interest on shall be calculated for the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, actual number of days in such period excluding the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) . Wherever in this Indenture or any a Subordinate Secured Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the such Subordinate Secured Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will shall not be construed as excluding such interest in those provisions of this Indenture where in which such express mention is not made.
. If the date for payment of any amount of principal and interest in respect of a Subordinate Secured Note is not a Business Day at the place of payment, then payment shall be made on the next Business Day at such place and the Holder of such Subordinate Secured Note shall not be entitled to any further interest or other payment in respect of the delay. The Corporation shall pay the interest due upon the principal amount of a Subordinate Secured Note (6except interest payable on maturity or redemption of such Subordinate Secured Note which, at the option of the Corporation, may be paid only upon presentation of such Subordinate Secured Note for payment) Unless by forwarding or causing to be forwarded by same day delivery at least three (3) Business Days prior to the applicable Interest Payment Date, a cheque for such interest (less any tax required by law to be deducted or withheld) payable on the applicable Interest Payment Date to the Paying Agent to be sent to the Holder of such Subordinate Secured Note on the Record Date for such payment at the Holder’s address appearing on the Register unless otherwise specifically provided directed in this Indenture writing by such Holder or, in the case of joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the Register and negotiable at par at each of the places at which interest upon such Subordinate Secured Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Subordinate Secured Note to the extent of the sum represented thereby (plus the amount of any tax deducted or withheld) unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Noteholder or the terms loss, theft or destruction thereof, the Corporation or the Paying Agent, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Noteholder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Corporation, at its option, may cause the amount payable in respect of interest to be paid to a Noteholder by wire transfer to an account maintained by such Noteholder or in any Noteother manner reasonably acceptable to the Trustee. If payment of interest is made by cheque, interest such cheque shall be forwarded at least two Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on the Notes applicable Interest Payment Date, provided the Trustee and the Paying Agent shall be computed on only forward such cheques upon receipt of the basis of a year of 365 days or 366 days, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate full amount of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days being paid in the calendar year of calculation and dividing it by the number of days in the deemed yearimmediately available funds pursuant to Section 8.4.
Appears in 1 contract
Sources: Note Indenture (Gryphon Gold Corp)
Concerning Interest. (1) The Notes All Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding NotesDebentures, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2) Subject to accrual of Date. Interest for any interest on unpaid interest from time to time, interest on the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 daysand the actual number of days elapsed in such period. For the purposes of disclosure under the Interest Act (Canada), as applicable. Whenever whenever interest is computed on the basis of a year (the “"deemed year”") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the such calendar year of calculation and dividing it by the number of days in the deemed year. Notwithstanding anything herein to the contrary, in no event will any interest rate or rates referred to herein (together with other fees payable hereunder which are construed by a court of competent jurisdiction to be interest or in the nature of interest) exceed the maximum interest rate permitted by Applicable Law or would result in the receipt by the Trustee or any holder of Debentures of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)). If such maximum interest rate would be exceeded by the terms hereof, the rates of interest payable hereunder will be reduced to the extent necessary so that such rates (together with other fees payable hereunder which are construed by a court of competent jurisdiction to be interest or in the nature of interest) equal the maximum interest rate permitted by Applicable Law, and any overpayment of interest received by the Trustee or any holder of Debentures theretofore will be applied, forthwith after determination of such overpayment, to pay all then outstanding interest, and thereafter to pay outstanding principal, as if the same were a payment of principal and treated accordingly hereunder.
Appears in 1 contract
Sources: Secured Trust Indenture
Concerning Interest. (1a) The Notes issued pursuant to this IndentureEvery Debenture, whether issued originally or upon in exchange or in substitution for previously issued Notes other Debentures, shall bear interest (i) from and including the Issue Date August 30, 2001 or (ii) from and including the last Interest Payment Date therefor interest payment date to which interest shall have been paid or made available for payment on such outstanding Notesthe Debentures, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest Interest on unpaid interest from time to time, interest on the Notes will each Debenture shall cease to accrue from the earliest of (i) the Maturity Date Date; or (including, for certainty, ii) if the Notes were such Debenture is called for redemption redemption, the date fixed for redemption; or prepayment(iii) if such Debenture is converted, the date stipulated in subsection 4.2(d); or (iv) if a Change of Control occurs prior to August 30, 2003, the Change of Control Date; or (v) if a Change of Control occurs on or after August 30, 2003, the date of such redemption or prepayment); unless purchase pursuant to an Offer to Purchase, unless, upon due presentation and surrender of such Note thereof for payment on or after the Maturity Date, the date of redemption or the date of conversion or the date of purchase pursuant to an Offer to Purchase, as the case may be, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail refused by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record DateCorporation.
(5c) Wherever in this Indenture or any Note the Debentures there is mention, in any context, of the payment of interest, such mention is shall be deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Notesection 2.2, and express mention of interest on amounts in default in any of the provisions of this Indenture will hereof shall not be construed as excluding such interest in those provisions of this Indenture hereof where such express mention is not made.
(6d) Unless otherwise specifically provided All interest accrued and not paid on a Convertible Note exercised into a Debenture shall be paid in this Indenture or the terms manner specified herein as if such interest had accrued and was payable on such Debenture on the first interest payment date following the exercise of any Note, such Convertible Note to the person entitled to interest on the Notes shall be computed such Debenture on the basis of a year of 365 days or 366 days, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed yeardate.
Appears in 1 contract
Sources: Trust Indenture (Certicom Corp)
Concerning Interest. (1a) The Notes Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures and subject to Section 2.4(b) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Initial Debentures, all Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including their issue date provided that all the Issue Date Initial Debentures (including the Initial Debentures that may be issued after the date hereof if the Over-Allotment Option is exercised) shall bear interest from and including the date hereof, or (ii) from and including the last Interest Payment Date therefor in respect of which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the laterDebentures, in all cases, to and but excluding the next Interest Payment Date therefor.
(2) Subject to accrual of any Date. All interest on unpaid interest from time to time, interest on the Notes will cease to shall accrue from day to day and shall be payable in arrears. Interest payable in a calendar year shall be payable semi -annually in arrears. Interest on all Debentures issued hereunder shall accrue up to, but not including the Maturity Date maturity date specified in the relevant Debenture (includingand in the case of the Initial Debentures, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date), the Redemption Date or the Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6b) Unless otherwise specifically provided in this Indenture or the terms of the Debentures of any Noteseries, interest on the Notes shall be computed on the basis of a 360-day year composed of 365 days or 366 daystwelve 30-day months. Subject to Section 2.4(b) in respect of the method for calculating the amount of interest to be paid on the Initial Debentures on the first Interest Payment Date in respect thereof, as applicable. Whenever with respect to any series of Debentures, whenever interest is computed on the a basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
(c) For the purposes solely of disclosure under the Interest Act (Canada), whenever interest to be paid on the Debentures is to be calculated on the basis of a year of 360 days consisting of twelve 30-day months, the yearly rate of interest to which the rate used in such calculation is equivalent during any particular period is the rate so used multiplied by a fraction of which:
(i) the numerator is the product of:
(A) the actual number of days in the calendar year in which such period ends, and
(B) the sum of (I) the product of 30 and the number of complete months elapsed in the relevant period and (II) the number of days elapsed in any incomplete month in the relevant period, and
(ii) the denominator is the product of (i) 360 and (ii) the actual number of days in the relevant period.
Appears in 1 contract
Concerning Interest. (1a) The All Notes of each series issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes (including for certainty Notes issued under Sections 2.9 and 2.10), shall bear interest interest: (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual Interest on a Note of any interest on unpaid interest from time to time, interest on the Notes series will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium or interest in respect of the Notes a Note of any series is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4d) The holder Holder of any Note of any series at the close of business on any Record Date applicable to a particular series with respect to any Interest Payment Date for such series shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default Issuer Defaults in the payment of the interest due on such Interest Payment DateDate for such series, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail or email by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
. The term “Record Date” as used with respect to any Interest Payment Date (5) Wherever in this Indenture or any Note there is mention, in any context, of the except a date for payment of defaulted interest, ) for the Notes of any series shall mean the date specified as such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 dayssuch series established as contemplated by Section 2.2, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes respect of the Interest Act (Canada) by multiplying such rate Series A Second Lien Notes shall have the meaning specified in Section 3.1 and in respect of interest by the actual number of days Series B Second Lien Notes shall have the meaning specified in the calendar year of calculation and dividing it by the number of days in the deemed yearSection 4.1.
Appears in 1 contract
Concerning Interest. (1a) The All Notes of each series issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes (including for certainty Notes issued under Sections 2.10 and 2.11), shall bear interest (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note of any series will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium or interest in respect of the Notes a Note of any series is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4d) The holder Holder of any Note of any series at the close of business on any Record Date applicable to a particular series with respect to any Interest Payment Date for such series shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment DateDate for such series, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given in accordance with Section 14.2 by mail by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
. The term “Record Date” as used with respect to any Interest Payment Date (5) Wherever in this Indenture or any Note there is mention, in any context, of the except a date for payment of defaulted interest, ) for the Notes of any series shall mean the date specified as such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 dayssuch series established as contemplated by Section 2.2, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days and in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes respect of the Interest Act (Canada) by multiplying such rate of interest by 2029 Notes, shall have the actual number of days meaning specified in the calendar year of calculation and dividing it by the number of days in the deemed yearArticle 3.
Appears in 1 contract
Concerning Interest. (1a) The Notes Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures and subject to Section 2.4(c) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Initial Debentures, all Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the laterDebentures, in all cases, to and excluding the next Interest Payment Date therefor.
(2) Subject Date. All interest shall accrue from day to accrual day and shall be payable in arrears for the actual number of any days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears. Interest on unpaid interest from time to time, interest on the Notes will all Debentures issued hereunder shall cease to accrue from the Maturity Date (on, but not including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6b) Unless otherwise specifically provided in this Indenture or the terms of the Debentures of any Noteseries, interest on the Notes for any period of less than six months shall be computed on the basis on a 360-day year composed of a year twelve 30-day months. Subject to Section 2.4(c) in respect of 365 days or 366 daysthe method for calculating the amount of interest to be paid on the Initial Debentures on the first Interest Payment Date in respect thereof, as applicable. Whenever with respect to any series of Debentures, whenever interest is computed on the basis of a year (the “"deemed year”") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 1 contract
Sources: Convertible Debenture Indenture (Brigus Gold Corp.)
Concerning Interest. (1a) The All Notes of each series issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes (including for certainty Notes issued under Sections 2.9 and 2.10), shall bear interest (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual Interest on a Note of any interest on unpaid interest from time to time, interest on the Notes series will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium or interest in respect of the Notes a Note of any series is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4d) The holder Holder of any Note of any series at the close of business on any Record Date applicable to a particular series with respect to any Interest Payment Date for such series shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default Issuer Defaults in the payment of the interest due on such Interest Payment DateDate for such series, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
. The term “Record Date” as used with respect to any Interest Payment Date (5) Wherever in this Indenture or any Note there is mention, in any context, of the except a date for payment of defaulted interest, ) for the Notes of any series shall mean the date specified as such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 dayssuch series established as contemplated by Section 2.2, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days and in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes respect of the Interest Act (Canada) by multiplying such rate of interest by 2019 Senior Secured Notes, shall have the actual number of days meaning specified in the calendar year of calculation and dividing it by the number of days in the deemed yearSection 3.1.
Appears in 1 contract
Sources: Trust Indenture
Concerning Interest. Except as otherwise provided in a Term Schedule or Supplemental Indenture applicable to a Series of Debentures,
(1a) The Notes issued pursuant to this Indentureeach Debenture of a Series, whether issued originally or upon in exchange or in substitution for previously issued Notes Debentures, shall bear interest (i) from and including the Issue Date or later of
(i) its date of issue and
(ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on the outstanding Debentures of such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.Series;
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.payable semi-annually in arrears in equal instalments;
(5c) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 days, as applicable. Whenever ; and
(d) whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it such product by the number of days in the deemed year. Subject to accrual of any interest on unpaid interest from time to time, interest on each Debenture shall cease to accrue from the earlier of the Maturity Date of such Debenture and, if such Debenture is called for redemption, the Redemption Date fixed for such Debenture, unless, in each case, upon due presentation and surrender of such Debenture for payment on or after such Maturity Date or Redemption Date, as the case may be, such payment is improperly withheld or refused. Wherever in this Indenture or a Debenture there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or such Debenture, and express mention of interest on amounts in default in any of the provisions of this Indenture shall not be construed as excluding such interest in those provisions of this Indenture in which such express mention is not made. Except as otherwise provided in a Term Schedule or Supplemental Indenture applicable to a Series of Debentures, if the date for payment of any amount of principal or interest in respect of a Debenture is not a Business Day at the place of payment, then payment shall be made on the next Business Day at such place and the Holder of such Debenture shall not be entitled to any further interest or other payment in respect of the delay. Except as otherwise provided in a Term Schedule or Supplemental Indenture applicable to a Series of Debentures, the Corporation shall pay the interest due upon the principal amount of an interest-bearing Debenture (except interest payable on maturity or redemption of such Debenture which, at the option of the Corporation, may be paid only upon presentation of such Debenture for payment) by forwarding or causing to be forwarded by wire or by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Corporation and the Trustees determine to be appropriate) a cheque for such interest (less any tax required by law to be deducted or withheld) payable on the applicable Interest Payment Date to the Holder of such Debenture on the Record Date for such payment at the address appearing on the Register unless otherwise directed in writing by such Holder or, in the case of joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable Register and negotiable at par at each of the places at which interest upon such Debenture is payable. The forwarding of such cheque or wire shall satisfy and discharge the liability for the interest on such Debenture to the extent of the sum represented thereby (plus the amount of any tax deducted or withheld) unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of a cheque by the applicable Debentureholder or the loss, theft or destruction thereof, the Corporation, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Debentureholder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Corporation, at its option, may cause the amount payable in respect of interest to be paid to a Debentureholder by wire transfer to an account maintained by such Debentureholder or in any other manner reasonably acceptable to the Trustees and the Debentureholder. If payment of interest is made by cheque, such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on the applicable Interest Payment Date, provided the Trustees and the Paying Agents shall only forward such cheques upon receipt of the full amount of interest being paid in immediately available funds pursuant to Section 6.8.
Appears in 1 contract
Sources: Indenture (Brookfield Renewable Energy Partners L.P.)
Concerning Interest. (1) The Notes All Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including the Issue Date or (ii) from and including Initial Closing to the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date thereforMaturity Date.
(2) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Notethe Debentures, interest on the Notes shall be computed on the basis of a year of 365 360 days or 366 dayscomprised of twelve 30-day months. With respect to the Debentures, as applicable. Whenever whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
(3) Notwithstanding any other provision hereof, the Corporation shall satisfy and pay accrued but unpaid interest on the Debentures by delivering to each holder of Debentures that number of Common Shares obtained by dividing the interest amount payable to such holder by the Market Price of the Common Shares on the applicable Interest Payment Date. The Corporation will issue such Common Shares as soon as reasonably practicable and no later than 5 days from such Interest Payment Date. Furthermore, the Corporation will provide the Trustee with an Officer’s Certificate setting out its calculations and the amount of Common Shares that will be Issued per $1,000 principal amount of Debentures so held by the Debentureholders.
Appears in 1 contract
Sources: Convertible Debenture Indenture (Safety Shot, Inc.)
Concerning Interest. (1) The Notes All Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding NotesDebentures, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date thereforDate.
(2) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 360 days or 366 dayscomposed of 12 30-day months. With respect to the Debentures, as applicable. Whenever whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
(3) Notwithstanding anything herein to the contrary, in no event will any interest rate or rates referred to herein (together with other fees payable hereunder which are construed by a court of competent jurisdiction to be interest or in the nature of interest) exceed the maximum interest rate permitted by Applicable Law or would result in the receipt by the Trustee or any holder of Debentures of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)). If such maximum interest rate would be exceeded by the terms hereof, the rates of interest payable hereunder will be reduced to the extent necessary so that such rates (together with other fees payable hereunder which are construed by a court of competent jurisdiction to be interest or in the nature of interest) equal the maximum interest rate permitted by Applicable Law, and any overpayment of interest received by the Trustee or any holder of Debentures theretofore will be applied, forthwith after determination of such overpayment, to pay all then outstanding interest, and thereafter to pay outstanding principal, as if the same were a payment of principal and treated accordingly hereunder.
Appears in 1 contract
Sources: Secured Trust Indenture
Concerning Interest. (1a) The All Notes issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date thereforDate.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes such Note will cease to accrue from the earlier of (i) the Maturity Date of such Note and (including, for certainty, ii) if the Notes were such Note is called for redemption or prepaymentredemption, the date of such redemption or prepayment)fixed for redemption; unless unless, in each case, upon due presentation and surrender of such Note for payment on or after the Maturity Dateor the date fixed for redemption, as the case may be, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium Applicable Premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note Holders will not be entitled to any further interest on such principal, or to any interest on such interest, premium Applicable Premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5d) Wherever in this Indenture or any Note the Notes there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the NoteNotes, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6e) Unless otherwise specifically provided in this Indenture or the terms of any NoteIndenture, interest on the Notes shall be computed on the basis of a year of 365 days or 366 days, as applicable. Whenever interest is computed on the basis of a year (the “"deemed year”") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 1 contract
Concerning Interest.
(1a) The All Notes issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes (including for certainty Notes issued under Sections 2.13 and 2.14), shall bear interest (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium Premium or interest in respect of the Notes a Note is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium Premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4d) The holder Holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of Persons in whose names such Note as is registered at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5e) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6f) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a 360-day year comprised of 365 days or 366 days, as applicabletwelve 30-day months. Whenever interest is computed on For the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such ), the yearly rate of interest to which such interest is equivalent shall be the annual interest rate on the Notes multiplied by the actual number of days in the calendar year of calculation in which the interest is payable and dividing it divided by the number of days in the deemed year360.
Appears in 1 contract
Sources: Trust Indenture
Concerning Interest. (1a) The Notes issued pursuant to Except as may otherwise be provided in this Indenture, the Debentures, whether originally or upon exchange or in substitution for previously issued Notes Debentures, shall bear interest interest: (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to in respect of which interest shall have been paid or made available for payment on such the outstanding NotesDebentures, whichever shall be the later, in all cases, to and but excluding the next Interest Payment Date therefor.
(2) Subject to accrual of any Date. All interest shall be calculated on unpaid interest from time to time, interest a daily basis and on the Notes will basis of the actual number of days elapsed in a year of 365 or 366 days, as applicable, and shall be payable semi-annually in arrears on each Interest Payment Date. Interest on all Debentures issued hereunder shall cease to accrue from the Maturity Date (on, but not including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, Redemption Date or the Interest Payment Date immediately prior to the Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused.
(3b) If The theory of deemed reinvestment shall not apply to the date for calculation of Interest or payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium fees or other amount so payableamounts hereunder, notwithstanding anything contained in respect this Debenture, and all Interest and fees payable by the Corporation hereunder shall accrue from day to day and be computed as described herein in accordance with the "nominal rate" method of the period from the date for payment to such next Business Dayinterest calculation.
(4c) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to To the extent the Corporation shall default in the payment permitted by Applicable Law, any provision of the interest due on such Judgment Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date Act (which shall be not less than two Business Days prior to the date of payment of such defaulted interestAlberta) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 days, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such which restricts the rate of interest on any judgment debt shall be inapplicable to this Indenture and is hereby waived by the actual number Corporation.
(d) The Corporation shall pay interest on all overdue payments in connection with this Indenture from the date any such payment becomes due or if no date for the payment of days in the calendar year same is expressly provided for herein, when payment of calculation and dividing it the same is demanded by the number Debenture Trustee and for so long as such amount remains unpaid at a per annum rate of days interest which is equal to the interest rate set out in the deemed yearSection 2.2(c). Interest at such interest rate on overdue amounts shall be computed daily, compounded monthly and shall be payable both before and after default, maturity, demand and judgment.
Appears in 1 contract
Concerning Interest. (1a) The Notes Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of the Note and subject to Section 2.1(a) with respect to the calculation of interest in respect of the initial interest payment to be paid in PIK Interest on the Note, the Note issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Note which are interest bearing, shall bear interest interest, in all instances to be PIK Interest, (i) from and including the Issue Date date hereof, or (ii) from and including the last Interest Payment Date therefor to in respect of which interest shall have been paid or made available for payment in PIK Interest on such the outstanding NotesNote, whichever shall be the later, in all cases, to and but excluding the next Interest Payment Date therefor.
(2) Subject Date. All interest shall accrue from day to accrual of any interest on unpaid interest from time to timeday and shall be payable in arrears. Interest payable in a calendar year shall be PIK Interest only, interest payable semi-annually in arrears. Interest on the Notes will cease Note issued hereunder shall accrue up to accrue from the Maturity Redemption Date (includingfor the Note, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after but not including the Maturity Date, such unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6b) Unless otherwise specifically provided in this Indenture or the terms of any the Note, interest on the Notes shall be computed on the basis of a 360-day year composed of 365 days or 366 daystwelve 30-day months. Subject to Section 2.1(a) in respect of the method for calculating the amount of interest to be paid on the Note on the first Interest Payment Date in respect thereof, as applicable. Whenever with respect to the Note, whenever interest is computed on the a basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
(c) For the purposes solely of disclosure under the Interest Act (Canada), whenever interest to be paid on the Note is to be calculated on the basis of a year of 360 days consisting of twelve 30-day months, the yearly rate of interest to which the rate used in such calculation is equivalent during any particular period is the rate so used multiplied by a fraction of which:
(i) the numerator is the product of:
(A) the actual number of days in the calendar year in which such period ends, and
(B) the sum of (I) the product of 30 and the number of complete months elapsed in the relevant period and (II) the number of days elapsed in any incomplete month in the relevant period, and
(ii) the denominator is the product of (i) 360 and (ii) the actual number of days in the relevant period.
Appears in 1 contract
Concerning Interest. (1a) The Except as may otherwise be provided in this Indenture or in a Written Direction of the Corporation in respect of the Notes and subject to Section 2.2(b) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Notes, all Notes issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes which are interest bearing, shall bear interest (i) from and including their issue date provided that all the Issue Date Notes shall bear interest from and including the date hereof, or (ii) from and including the last Interest Payment Date therefor to in respect of which interest shall have been paid or made available for payment on such the outstanding Notes, whichever shall be the later, in all cases, to and but excluding the next Interest Payment Date therefor.
(2) Subject to accrual of any Date. All interest on unpaid interest from time to time, interest on the Notes will cease to shall accrue from day to day and shall be payable in arrears for the Maturity Date (includingactual number of days lapsed in the relevant interest period. Interest payable in a calendar year shall be payable semi-annually in arrears. Interest on all Notes issued hereunder shall accrue up to, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after but not including the Maturity Date, the Redemption Date or the Date of Conversion, as applicable, for such Notes, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused.
(3b) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a 360-day year composed of 365 days or 366 daystwelve 30-day months. Subject to Section 2.2(b) in respect of the method for calculating the amount of interest to be paid on the Notes on the first Interest Payment Date in respect thereof, as applicable. Whenever with respect to any of the Notes, whenever interest is computed on the a basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
(c) For the purposes solely of disclosure under the Interest Act (Canada), whenever interest to be paid on the Notes is to be calculated on the basis of a year of 360 days consisting of twelve 30-day months, the yearly rate of interest to which the rate used in such calculation is equivalent during any particular period is the rate so used multiplied by a fraction of which:
(i) the numerator is the product of:
(A) the actual number of days in the calendar year in which such period ends, and
(B) the sum of (x) the product of 30 and the number of complete months elapsed in the relevant period and (y) the number of days elapsed in any incomplete month in the relevant period, and
(ii) the denominator is the product of (i) 360 and (ii) the actual number of days in the relevant period.
Appears in 1 contract
Concerning Interest. (1a) The Notes Except as may otherwise be provided in this Indenture or in any supplemental indenture or in a Written Direction of the Corporation in respect of a series of Debentures and subject to Section 2.4(c) with respect to the calculation of interest in respect of the initial interest payment to be paid on the Initial Debentures, all Debentures issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debentures which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on the outstanding Debentures of that series, whichever shall be the later, or, in respect of Debentures subject to a Periodic Offering, from and including their issue date or from and including the last Interest Payment Date to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the laterDebentures, in all cases, to and excluding the next Interest Payment Date therefor.
(2) Subject Date. All interest shall accrue from day to accrual of any interest day and shall be payable semi-annually in arrears. Interest on unpaid interest from time to time, interest on the Notes will all Debentures issued hereunder shall cease to accrue from the Maturity Date (on, but not including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, Redemption Date or Date of Conversion, as applicable, for such Debentures, unless, upon due presentation, payment of principal or delivery of amounts, securities or other property payable or deliverable hereunder and payment of any accrued and unpaid interest or other amounts payable hereunder is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6b) Unless otherwise specifically provided in this Indenture or the terms of the Debentures of any Noteseries, interest on the Notes for any period of less than six months shall be computed on the basis on a 365- day year. Subject to Section 2.4(c) in respect of a year the method for calculating the amount of 365 days or 366 daysinterest to be paid on the Initial Debentures on the first Interest Payment Date in respect thereof, as applicable. Whenever with respect to any series of Debentures, whenever interest is computed on the basis of a year (the “"deemed year”") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 1 contract
Sources: Convertible Debenture Indenture
Concerning Interest. (1a) The Notes All Debt Securities issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Debt Securities which are interest bearing, shall bear interest (i) from and including the Issue Date their issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such the outstanding NotesDebt Securities of that series, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date thereforDate.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes such Debt Security will cease to accrue from the earlier of (i) the Maturity Date of such Debt Security and (including, for certainty, ii) if the Notes were such Debt Security is called for redemption or prepaymentredemption, the date of such redemption or prepayment)fixed for redemption; unless unless, in each case, upon due presentation and surrender of such Note Debt Security for payment on or after the Maturity Dateor the date fixed for redemption, as the case may be, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amount, premium any amount of principal or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note Debtholders will not be entitled to any further interest on such principal, or to any interest on such interest, premium interest or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5d) Wherever in this Indenture or any Note the Debt Securities there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the NoteDebt Securities, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6e) Unless otherwise specifically provided in this Indenture or the terms of the Debt Securities of any Noteseries, interest on the Notes shall be computed on the basis of a year of 365 days or 366 days. With respect to any series of Debt Securities, as applicable. Whenever whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it by the number of days in the deemed year.
Appears in 1 contract
Concerning Interest. Except as otherwise provided in the Supplemental Indenture applicable to a Series of Notes,
(1a) The Notes issued pursuant to this Indentureeach Note of a Series, whether issued originally or upon in exchange or in substitution for previously issued Notes Notes, shall bear interest (i) from and including the Issue Date or later of:
(ii1) from and including its date of issue; and
(2) the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on the outstanding Notes of such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.Series;
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment); unless upon due presentation and surrender of such Note for payment on or after the Maturity Date, such payment is improperly withheld or refused.
(3) If the date for payment of the Principal Amount, premium or interest in respect of the Notes is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4) The holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation to the holders of all affected Notes not less than 15 days preceding such subsequent Record Date.payable semi-annually in arrears in equal instalments;
(5c) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 days, as applicable. Whenever ; and
(d) whenever interest is computed on the basis of a year (the “"deemed year”") which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such rate of interest by the actual number of days in the calendar year of calculation and dividing it such product by the number of days in the deemed year. Subject to accrual of any interest on unpaid interest from time to time, interest on each Note shall cease to accrue from the earlier of the Maturity Date of such Note and, if such Note is called for redemption, the Redemption Date fixed for such Note, unless, in each case, upon due presentation and surrender of such Note for payment on or after such Maturity Date or Redemption Date, as the case may be, such payment is improperly withheld or refused. Wherever in this Indenture or a Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or such Note, and express mention of interest on amounts in default in any of the provisions of this Indenture shall not be construed as excluding such interest in those provisions of this Indenture in which such express mention is not made. If the date for payment of any amount of principal, interest or Premium in respect of a Note is not a Business Day at the place of payment, then payment shall be made on the next Business Day at such place and the Holder of such Note shall not be entitled to any further interest or other payment in respect of the delay. Except as otherwise provided in a Supplemental Indenture applicable to a Series of Notes, the Corporation shall pay the interest due upon the principal amount of an interest-bearing Note (except interest payable on maturity or redemption of such Note which, at the option of the Corporation, may be paid only upon presentation of such Note for payment) by forwarding or causing to be forwarded by same day delivery a cheque for such interest (less any tax required by law to be deducted or withheld) payable on the applicable Interest Payment Date to the Holder of such Note on the Record Date for such payment at the Holder's address appearing on the Register unless otherwise directed in writing by such Holder or, in the case of joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the Register and negotiable at par at each of the places at which interest upon such Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Note to the extent of the sum represented thereby (plus the amount of any tax deducted or withheld) unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Noteholder or the loss, theft or destruction thereof, the Corporation or the Paying Agent, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Noteholder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Corporation, at its option, may cause the amount payable in respect of interest to be paid to a Noteholder by wire transfer to an account maintained by such Noteholder or in any other manner reasonably acceptable to the Trustee. If payment of interest is made by cheque, such cheque shall be forwarded at least two Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on the applicable Interest Payment Date, provided the Trustee and the Paying Agent shall only forward such cheques upon receipt of the full amount of interest being paid in immediately available funds pursuant to Section 6.3.
Appears in 1 contract
Concerning Interest. (1a) The All Notes issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Notes, shall bear interest (i) from and including the Issue Date their respective issue date or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date in accordance with Section 4.8); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amount, premium or interest Interest Payment Date in respect of the Notes a Note is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect solely as a result of the period from the date for payment to such next Business Daydelayed payment.
(4d) The holder Holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of Persons in whose names such Note as is registered at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail in accordance with Section 12.2 by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5e) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6f) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest Interest on the Notes shall be computed payable in equal semi-annual amounts in accordance with Section 2.3; provided that for any period other than a full semi-annual Interest Period, interest shall be calculated on the basis of a year of 365 days or 366 days366-day year, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than , and the actual number of days elapsed in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for that period.
(g) For purposes of the Interest Act (Canada): (i) by multiplying whenever any interest under a Note is calculated on the basis of a period of time other than a calendar year, such rate of interest by the actual number of days used in the calendar year of calculation and dividing it by the number of days in the deemed year.such calculation, when expressed as an annual rate, is equivalent to
Appears in 1 contract
Sources: Trust Indenture
Concerning Interest. (1a) The All Notes of each series issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes (including for certainty Notes issued under Sections 2.10 and 2.11), shall bear interest (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note of any series will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium or interest in respect of the Notes a Note of any series is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4d) The holder Holder of any Note of any series at the close of business on any Record Date applicable to a particular series with respect to any Interest Payment Date for such series shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment DateDate for such series, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given in accordance with Section 14.2 by mail by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
. The term “Record Date” as used with respect to any Interest Payment Date (5) Wherever in this Indenture or any Note there is mention, in any context, of the except a date for payment of defaulted interest, ) for the Notes of any series shall mean the date specified as such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 dayssuch series established as contemplated by Section 2.2, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days and in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes respect of the Interest Act (Canada) by multiplying such rate of interest by 2026 Notes, shall have the actual number of days meaning specified in the calendar year of calculation and dividing it by the number of days in the deemed yearArticle 3.
Appears in 1 contract
Concerning Interest. (1a) The All Notes of each series issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes (including for certainty Notes issued under Sections 2.9 and 2.10), shall bear interest (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note of any series will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium or interest in respect of the Notes a Note of any series is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4d) The holder Holder of any Note of any series at the close of business on any Record Date applicable to a particular series with respect to any Interest Payment Date for such series shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment DateDate for such series, in which case such defaulted interest shall be paid to the Holder of such Note as at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
. The term “Record Date” as used with respect to any Interest Payment Date (5) Wherever in this Indenture or any Note there is mention, in any context, of the except a date for payment of defaulted interest, ) for the Notes of any series shall mean the date specified as such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a year of 365 days or 366 dayssuch series established as contemplated by Section 2.2, as applicable. Whenever interest is computed on the basis of a year (the “deemed year”) which contains fewer days than the actual number of days and in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes respect of the Interest Act (Canada) by multiplying such rate of interest by Unit Notes or Coupon Notes, shall have the actual number of days meaning specified in the calendar year of calculation and dividing it by the number of days in the deemed yearSection 3.1.
Appears in 1 contract
Concerning Interest. (1a) The Deemed Value of the Gold Quantity represented by all Notes issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes Notes, shall bear interest (i) from and including the Issue Date or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note will cease to accrue from the Maturity Date (including, for certainty, if the Notes were called for redemption or prepayment, the date of such redemption or prepayment)Note; unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amount, premium or any amount of interest in respect of the Notes a Note is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium or other amount so payable, in respect solely as a result of the period from the date for payment to such next Business Daydelayed payment.
(4d) The holder Holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of Persons in whose names such Note as is registered at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail in accordance with Section 13.2 by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5e) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.
(6f) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest Interest on the Notes shall be computed payable pursuant to Section 2.3; provided that for any Interest Period that is shorter than a full monthly interest period, interest shall be calculated on the basis of a year of 365 days or 366 daysand the actual number of days elapsed in that period.
(g) For purposes of disclosure under the Interest Act (Canada), as applicable. Whenever the yearly rate of interest to which interest is computed on the basis of calculated under a Note for any period in any calendar year (the “deemed yearCalculation Period”) is equivalent to the rate payable under a Note in respect of the Calculation Period multiplied by a fraction the numerator of which contains fewer is the actual number of days than in such calendar year and the denominator of which is the actual number of days in the calendar year Calculation Period.
(h) Notwithstanding any other provisions of calculationthis Indenture, such if the amount of any interest, premium, fees or other monies or any rate of interest shall be expressed as a yearly rate for purposes stipulated for, taken, reserved or extracted under this Indenture would otherwise contravene the provisions of Section 347 of the Criminal Code (Canada), Section 8 of the Interest Act (Canada) by multiplying or any successor or similar legislation applicable hereto, or would exceed the amounts which the Holder is legally entitled to charge and receive under any law to which such compensation is subject, then such amount or rate of interest by shall be reduced to such maximum amount as would not contravene such provision; and to the actual number of days in extent that any excess has been charged or received the calendar year of calculation and dividing it by the number of days in the deemed yearHolder shall refund any such excess amount.
Appears in 1 contract
Sources: Trust Indenture
Concerning Interest.
(1a) The All Notes issued pursuant to this Indenturehereunder, whether originally or upon exchange or in substitution for previously issued Notes (including for certainty Notes issued under Sections 2.13 and 2.14), shall bear interest (i) from and including the Issue Date their respective issue date, or (ii) from and including the last Interest Payment Date therefor to which interest shall have been paid or made available for payment on such outstanding Notes, whichever shall be the later, in all cases, to and excluding the next Interest Payment Date therefor.
(2b) Subject to accrual of any interest on unpaid interest from time to time, interest on the Notes a Note will cease to accrue from the Maturity Date of such Note (including, for certainty, if the Notes were such Note was called for redemption or prepaymentredemption, the date of such redemption or prepaymentRedemption Date); unless upon due presentation and surrender of such Note for payment on or after the Maturity Datethereof, such payment is improperly withheld or refused.
(3c) If the date for payment of the Principal Amountany amount of principal, premium Premium or interest in respect of the Notes a Note is not a Business Day at the place of payment, then payment thereof will be made on the next Business Day and the holder Holder of such Note will not be entitled to any further interest on such principal, or to any interest on such interest, premium Premium or other amount so payable, in respect of the period from the date for payment to such next Business Day.
(4d) The holder Holder of any Note at the close of business on any Record Date with respect to any Interest Payment Date shall be entitled to receive the interest, if any, payable on such Interest Payment Date notwithstanding any transfer or exchange of such Note subsequent to such Record Date and prior to such Interest Payment Date, except if and to the extent the Corporation Issuer shall default in the payment of the interest due on such Interest Payment Date, in which case such defaulted interest shall be paid to the Holder of Persons in whose names such Note as is registered at the close of business on a subsequent Record Date (which shall be not less than two Business Days prior to the date of payment of such defaulted interest) established by notice given by mail by or on behalf of the Corporation Issuer to the holders Holders of all affected Notes not less than 15 days preceding such subsequent Record Date.
(5e) Wherever in this Indenture or any Note there is mention, in any context, of the payment of interest, such mention is deemed to include the payment of interest on amounts in default to the extent that, in such context, such interest is, was or would be payable pursuant to this Indenture or the Note, and express mention of interest on amounts in default in any of the provisions of this Indenture will not be construed as excluding such interest in those provisions of this Indenture where such express mention is not made.made.
(6f) Unless otherwise specifically provided in this Indenture or the terms of any Note, interest on the Notes shall be computed on the basis of a 360-day year comprised of 365 days or 366 days, as applicabletwelve 30-day months. Whenever interest is computed on For the basis of a year (the “deemed year”) which contains fewer days than the actual number of days in the calendar year of calculation, such rate of interest shall be expressed as a yearly rate for purposes of the Interest Act (Canada) by multiplying such ), the yearly rate of interest to which such interest is equivalent shall be the annual interest rate on the Notes multiplied by the actual number of days in the calendar year of calculation in which the interest is payable and dividing it divided by the number of days in the deemed year360.
Appears in 1 contract
Sources: Trust Indenture