Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trustee, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited upon surrender and delivery of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, be paid over by the Trustee or such depository or paying agent to the Corporation, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, thereafter the Debentureholder in respect of which such monies was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 6 contracts
Sources: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s 's Debenture, of plus any accrued but unpaid interest thereon to but excluding the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 3 contracts
Sources: Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in plus any accrued but unpaid interest thereon to but excluding the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderRedemption Date. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 3 contracts
Sources: Convertible Debenture Indenture, Convertible Debenture Indenture (Brigus Gold Corp.), Convertible Debenture Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon to but excluding the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six three years from the Redemption Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 2 contracts
Sources: Convertible Debenture Indenture, Convertible Debenture Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee Trustees may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee Trustees or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in plus any accrued but unpaid interest thereon to but excluding the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderRedemption Date. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee Trustees or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six five years less one day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee Trustees or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee Trustees shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustees will pay any remaining funds prior to the expiry of five years less one day after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit denominated and payable in the currency or currency unit in which the Debentures are payable and in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of five years less one day after the Redemption Date, the Corporation shall reimburse the Trustees for any amounts required to be paid by the Trustees to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to five years less one day after the redemption.
Appears in 2 contracts
Sources: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing such Shares issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust trust, without interest interest, or such certificates may be held in trust, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price plus Price, as the case may be, of such Debenture plus, if accrued interest is not included in the Redemption Price, any accrued and unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Shares, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period until the Business Day immediately preceding the fourth anniversary of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation prescription period provided by the laws of British Columbia.the Province of Alberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the Business Day immediately preceding the fourth anniversary of the Redemption Date to the Corporation upon receipt from the Corporation or one of its Subsidiaries of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the Business Day immediately preceding the fourth anniversary of the Redemption Date, the Corporation shall, prior to the payment by the Debenture Trustee, pay the Debenture Trustee the amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to the Business Day immediately preceding the fourth anniversary of the Redemption Date
Appears in 2 contracts
Sources: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or, if applicable in respect of a series of Debentures, take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee Debenture Agent may require, such redemption monies may be set aside in trust trust, without interest interest, or such certificates may be held in trust, either in the deposit department of the Trustee Debenture Agent or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Common Shares, required to be deposited hereunder with the Trustee Debenture Agent or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee Debenture Agent or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee Debenture Agent shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation prescription period provided by the laws of British Columbiathe Province of Québec. Notwithstanding the foregoing, the Debenture Agent will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation or one of its Subsidiaries of an uncontested letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall, prior to the payment by the Debenture Agent, pay the Debenture Agent the amounts required to be paid by the Debenture Agent to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 2 contracts
Sources: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon up to and including the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen such monies, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbia. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of a letter of credit from a financial institution in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 2 contracts
Sources: Convertible Debenture Indenture (Siyata Mobile Inc.), Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust with or without interest either interest, or such certificates may be held in trust, in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Debenture Trustee, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Common Shares, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if anyRedemption Price, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository Depository or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta.
Appears in 2 contracts
Sources: Trust Indenture (Red Mile Entertainment Inc), Trust Indenture (Red Mile Entertainment Inc)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail fails on or before the Redemption Date to surrender such holder’s Debenture, or shall has not within such time accept accepted payment of the Redemption Price payable redemption monies payable, or give taken delivery of certificates representing such Common Shares issuable in respect thereof, or given such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a Canadian chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall will for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall will thereafter not be considered as outstanding hereunder and the hereunder. The Debentureholder shall will have no other right thereunder except to receive payment of the Redemption Price of such Debenture plus any accrued but unpaid interest thereon to but excluding the Redemption Date out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, as the case may be, less applicable Withholding Taxes, if any, upon surrender and delivery of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates for Common Shares, required to be deposited hereunder with the Debenture Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall will remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies shall or certificates for Common Shares, together with any accumulated interest thereon or any dividend or distribution paid thereon, will at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository depositary or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall will not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall will have no rights in respect thereof except to obtain payment of the monies money or Common Shares due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 2 contracts
Sources: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationTrust on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Trust upon receipt from the Trust, or one of its Subsidiaries, of an uncontested letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Trust prior to the expiry of six years after the Redemption Date, the Trust shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Trust but prior to six years after the redemption.
Appears in 2 contracts
Sources: Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust)
Failure to Surrender Debentures Called for Redemption. In case the holder Holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Holder's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such Common Shares may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the Common Shares so deposited, or both, upon surrender and delivery of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture. Subject to applicable legislation, and in the event that the Trustee receives the sameany money, it shall hold the same in trust for the benefit of such holder. In the event that any money or Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six (6) years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand and, and thereupon upon receipt thereof, the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or Common Shares due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 2 contracts
Sources: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in plus any accrued but unpaid interest thereon to but excluding the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderRedemption Date. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six five years less one day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of five years less one day after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to five years less one day after the redemption.
Appears in 2 contracts
Sources: Debenture Indenture (Ivanhoe Energy Inc), Debenture Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or principal and interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCompany on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationCompany, subject to any limitation period provided by the laws of British Columbiathe Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after the Redemption Date, the Company shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Company but prior to six years after the redemption.
Appears in 2 contracts
Sources: Convertible Debenture Indenture, Convertible Debenture Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such Common Shares may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the Common Shares so deposited, or both, upon surrender and delivery of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six three years less one day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or Common Shares due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of three years less one day after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of three years less one day after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to three years less one day after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Units issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Units so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Units, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, principal or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Units, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationTrust on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Trust upon receipt from the Trust, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Trust prior to the expiry of six years after the Redemption Date, the Trust shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Trust but prior to six years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies moneys may be set aside in trust trust, without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates, required to be deposited hereunder with the Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six ten years from the Redemption Date, thenthen such moneys, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository depositary or paying agent to the CorporationCorporation on its written demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbiathe province of Ontario.
Appears in 1 contract
Sources: Trust Indenture (MDC Partners Inc)
Failure to Surrender Debentures Called for Redemption. In case the holder Holder of any Debenture so called for redemption shall fail on or before the Redemption Date to surrender such holderHolder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited upon surrender and delivery of such holderHolder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent Paying Agent on account of principal, premiumPremium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six five years less one day from the Redemption Date, thenthen such monies together with any interest thereon or any distribution paid thereon, shall, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent the Paying Agent to the CorporationCorporation at its request, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder Holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario.
Appears in 1 contract
Sources: Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing any Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee Corporation may require, such redemption monies moneys may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, or to take delivery of the certificates so deposited, upon surrender and delivery of such holder’s Debenture. Subject to applicable law, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the sameany money, it shall hold the same in trust for the benefit of such holder. In the event that any money or certificates, required to be set aside or deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder and not claimed shall remain so set aside or deposited for a period of six ten years from the Redemption Date, thenthen such moneys or certificates, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationCorporation on its written demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money or Common Shares, if applicable, was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of ten years after the Redemption Date to the Corporation upon receipt from the Corporation of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of ten years after the Redemption Date, the Corporation shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to ten years after the redemption and such letter of credit shall be reduced to the extent of the amount of such reimbursement. If the Corporation fails to reimburse the Debenture Trustee, the Debenture Trustee may draw on the letter of credit.
Appears in 1 contract
Sources: Trust Indenture (Wi-Lan Inc.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption (including the Initial Debentures redeemed pursuant to Section 2.4(c)) shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing any Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies moneys may be set aside in trust trust, or such certificates may be held in trust, without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, or to take delivery of the certificates so deposited, upon surrender and delivery of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest (less any taxes required to be withheld) to but excluding the Redemption Date in respect of and subsequent distributions and accretions, on such DebentureTrust Units, and if any, as the case may be. Subject to Applicable Law, in the event that the Trustee receives the sameany money, it shall hold the same in trust for the benefit of such holder. In the event that any money or certificates, required to be set aside or deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder and not claimed shall remain so set aside or deposited for a period of six ten years from the Redemption Date, thenthen such moneys or certificates, subject to any applicable law regarding unclaimed propertytogether with accrued and unpaid interest thereon, such monies if any, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationREIT on its written demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable lawApplicable Law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money or Trust Units, if applicable, was so repaid to the Corporation REIT shall have no rights in respect thereof except to obtain the payment of the monies money or certificates due from the CorporationREIT, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds deposited hereunder prior to the expiry of ten years after the Redemption Date to the REIT upon receipt from the REIT of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the REIT prior to the expiry of ten years after the Redemption Date, the REIT shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the REIT but prior to ten years after the redemption and such letter of credit shall be reduced to the extent of the amount of such reimbursement. If the REIT fails to so reimburse the Trustee, the Trustee may draw on the letter of credit.
Appears in 1 contract
Sources: Trust Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon to and including the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 1 contract
Sources: Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 1 contract
Sources: Convertible Debenture Indenture (Anderson Energy LTD)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust trust, without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive receive, without interest, payment out of the monies so paid and deposited deposited, upon surrender and delivery up of such holder’s Debenture, of Debenture for the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect Price, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British Columbia. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, and such funds or any portion thereof are claimed by a Debentureholder after the date of such payment of the remaining funds to the Corporation but prior to six years after the Redemption Date, then the Trustee shall provide to the Corporation written notice of such claim and the Corporation shall promptly deposit with the Trustee funds in the amount necessary to satisfy such claim.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. (1) In case the holder of any Debenture so called for redemption shall fail on or before within sixty (60) days after the Redemption Date date fixed for redemption to so surrender such holder’s Debenture, his Debenture or shall not within such time accept payment of the Redemption Price redemption monies payable in respect thereof or give such receipt therefor, if any, as the Trustee may require, such redemption monies may shall be set aside in trust without interest for such holder at such rate of interest, if any, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held trust company in a book position by the Trustee, or as otherwise agreed by the Corporation and TrusteeCanada, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside andaside, and to that extent, the extent said Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited (upon surrender and delivery of such holder’s his or her Debenture, ) of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect redemption price of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. .
(2) In the event that any money monies required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, principal of or interest, if any, interest on Debentures issued hereunder shall remain so deposited for a such period that the right to proceed against the Company for recovery of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies by the holders of Debentures has become statute barred, then such monies, together with any accumulated interest thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over by the Trustee or such depository or paying agent to the Corporation, and thereupon Company on its demand. Thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, and thereafter the Debentureholder holders of the Debentures in respect of which such monies was were so repaid to the Corporation Company shall have no rights right in respect thereof except to obtain payment of the monies due thereon from the Corporation, subject to any limitation period provided by the laws of British ColumbiaCompany.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing such Shares issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust trust, without interest interest, or such certificates may be held in trust, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Shares, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation prescription period provided by the laws of British Columbiathe Province of Ontario. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation or one of its Subsidiaries of an uncontested letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall, prior to the payment by the Debenture Trustee, pay the Debenture Trustee the amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in plus any accrued but unpaid interest thereon to but excluding the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderRedemption Date. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six five years less one day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of five years less one day after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of five years less one day after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to five years less one day after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the event that the Debentures are held in fully registered (non-book entry) form and a holder of any a Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest to thereon to, but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies shall at the end of such period, upon the written request of the Corporation, period be paid over by the Debenture Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, or one of its Subsidiaries, of an unconditional letter of credit from a Schedule A Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon up to but not including the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen such monies, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the Corporation, subject to applicable law, on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbia. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation, subject to applicable law, upon receipt from the Corporation, of a letter of credit from a financial institution in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 1 contract
Sources: Debenture Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Put Date to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price redemption moneys payable or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies moneys may be set aside in trust without interest interest, either in the deposit department of the Debenture Trustee or in a Canadian chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderPut Date. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if anyRedemption Price, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six three years from the Redemption Put Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon or any distribution paid thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository Depository or paying agent to the CorporationCompany on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money due from the CorporationCompany, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of three years after the Redemption Put Date to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Company prior to the expiry of three years after the Redemption Put Date, the Company shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Company but prior to three years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Shares issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust with or without interest interest, or such certificates may be held in trust, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Shares, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if anyRedemption Price, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository Depository or paying agent to the CorporationCompany on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationCompany, subject to any limitation period provided by the laws of British ColumbiaOntario.
Appears in 1 contract
Sources: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust trust, or such certificates may be held without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money or certificates required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or Common Shares due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds.
Appears in 1 contract
Sources: Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Common Shares, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Common Shares, together with any accumulated interest thereon or any dividends paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment take delivery of the Redemption Price payable certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies certificates may be set aside held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trustee, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out take delivery of the monies certificates so paid and deposited upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon to but excluding the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years less one day from the Redemption Date, thenthen such monies or certificates representing Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its Written Demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario.
Appears in 1 contract
Sources: Debenture Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing any Issuer Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies moneys may be set aside in trust (without interest interest), or such certificates may be held in trust without interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, or to take delivery of the certificates so deposited, upon surrender and delivery of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of and subsequent distributions on such DebentureIssuer Shares, and in if any, as the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holdercase may be. In the event that any money money, or certificates, required to be deposited hereunder with the Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six ten years from the Redemption Date, thenthen such moneys or certificates, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository depositary or paying agent to the CorporationIssuer on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Issuer shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationIssuer, subject to any limitation period provided by the laws of British ColumbiaOntario.
Appears in 1 contract
Sources: Trust Indenture (Algonquin Power & Utilities Corp.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of Freely Tradeable Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Canadian Trustee may require, such redemption monies may be set aside in trust, or such Freely Tradeable Common Shares may be held in trust without interest interest, either in the deposit department of the Canadian Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Freely Tradeable Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the Freely Tradeable Common Shares so deposited, or both, upon surrender and delivery of such holder’s Debenture, Debentures or such holder’s acceptance of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holdercase may be. In the event that any money money, or Freely Tradeable Common Shares, required to be deposited hereunder with the Canadian Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six five years less one day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or Freely Tradeable Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Canadian Trustee or such depository depositary or paying agent to the CorporationCompany on its demand, and thereupon the Canadian Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money or shares was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money or shares due from the CorporationCompany, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Canadian Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Company prior to the expiry of five years less one day after the Redemption Date, the Company shall reimburse the Canadian Trustee for any amounts required to be paid by the Canadian Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Company but prior to five years less one day after the redemption.
Appears in 1 contract
Sources: Supplemental Indenture (Dirtt Environmental Solutions LTD)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon to but excluding the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbia. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds.
Appears in 1 contract
Sources: Convertible Debenture Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Call Date to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price redemption moneys payable or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies moneys may be set aside in trust without interest interest, either in the deposit department of the Debenture Trustee or in a Canadian chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderCall Date. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if anyRedemption Price, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six three years from the Redemption Call Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon or any distribution paid thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository Depository or paying agent to the CorporationCompany on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money due from the CorporationCompany, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of three years after the Redemption Call Date to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Company prior to the expiry of three years after the Redemption Call Date, the Company shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Company but prior to three years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In Subject to Section 2.4(g) with respect to the calculation of interest in connection with the redemption of the Initial Debentures, in case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price redemption monies payable or give such receipt therefor, if any, as the Indenture Trustee may require, such redemption monies may be set aside in trust trust, without interest interest, either in the deposit department of the Indenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited, or take delivery of the certificates so deposited or both, as applicable, upon surrender and delivery up of such holder’s 's Debenture, of the Redemption Price of such Debenture plus such interest thereon, if any, as the depository may allow, plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Indenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six three years less one (1) day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies together with any accumulated interest shall at the end of such period, upon the written request of the Corporation, period be paid over by the Indenture Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Indenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 1 contract
Sources: Trust Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price redemption monies payable or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust trust, without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited upon surrender and delivery up of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, principal or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six three years from the Redemption Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationCompany on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money due from the CorporationCompany, subject to any limitation period provided by the laws of British Columbia. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of three years after the Redemption Date to the Company upon receipt from the Company, or one of its subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Company prior to the expiry of three years after the Redemption Date, the Company shall deliver to the Debenture Trustee any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Company but prior to three years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust trust, without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price plus Price, as the case may be, of such Debenture plus, if accrued interest is not included in the Redemption Price, any accrued and unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period until the Business Day immediately preceding the fourth anniversary of six years from the Redemption Date, thenthen such monies, subject to any applicable law regarding unclaimed propertywithout interest, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the Corporation, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation prescription period provided by the laws of British Columbiathe Province of Alberta.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon up to and including the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen such monies, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCompany on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money due from the CorporationCompany, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Company upon receipt from the Company, of a letter of credit from a financial institution in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Company prior to the expiry of six years after the Redemption Date, the Company shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Company but prior to six years after the redemption.
Appears in 1 contract
Sources: Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Put Date to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price redemption moneys payable or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies moneys may be set aside in trust without interest interest, either in the deposit department of the Debenture Trustee or in a Canadian chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderPut Date. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if anyRedemption Price, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Put Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon or any distribution paid thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository Depository or paying agent to the CorporationCompany on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money due from the CorporationCompany, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Put Date to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Company prior to the expiry of six years after the Redemption Put Date, and such funds or any portion thereof are claimed after the date of such payment of the remaining funds to the Company but prior to six years after the Redemption Put Date, then the Debenture Trustee shall immediately provide to the Company written notice of such claim and the Company shall promptly deposit with the Debenture Trustee funds in the amount necessary to satisfy such claim.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationTrust on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Trust upon receipt from the Trust, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Trust prior to the expiry of six years after the Redemption Date, the Trust shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Trust but prior to six years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail fails on or before the Redemption Date to surrender such holder’s Debenture, or shall has not within such time accept accepted payment of the Redemption Price redemption monies payable or give given such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Debenture Trustee or in a Canadian chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall will for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall will thereafter not be considered as outstanding hereunder and the hereunder. The Debentureholder shall will have no other right thereunder except to receive a cash payment of the Redemption Price of such Debenture plus any accrued but unpaid interest thereon to but excluding the Redemption Date out of the monies so paid and deposited deposited, less applicable withholding taxes, if any, upon surrender and delivery of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall will remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies shall monies, together with any accumulated interest thereon, will at the end of such period, upon the written request of the Corporation, period be paid over by the Debenture Trustee or such depository depositary or paying agent to the CorporationREIT on its demand, and thereupon the Debenture Trustee shall will not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall REIT will have no rights in respect thereof except to obtain payment of the monies money due from the CorporationREIT. Notwithstanding the foregoing, subject the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the REIT upon receipt from the REIT, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the REIT prior to the expiry of six years after the Redemption Date, the REIT will reimburse the Debenture Trustee for any limitation period provided amounts required to be paid by the laws Debenture Trustee to a holder of British Columbiaa Debenture pursuant to the redemption after the date of such payment of the remaining funds to the REIT but prior to six years after the redemption.
Appears in 1 contract
Sources: Trust Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing any Issuer Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies moneys may be set aside in trust (without interest interest), or such certificates may be held in trust without interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, or to take delivery of the certificates so deposited, upon surrender and delivery of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect and subsequent distributions, on such Issuer Shares, if any, as the case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates, required to be deposited hereunder with the Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six ten years from the Redemption Date, thenthen such moneys or certificates, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository depositary or paying agent to the CorporationIssuer on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Issuer shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationIssuer, subject to any limitation period provided by the laws of British ColumbiaOntario.
Appears in 1 contract
Sources: Trust Indenture (Algonquin Power & Utilities Corp.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in plus any accrued but unpaid interest thereon to but excluding the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderRedemption Date. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six five years less one day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds.
Appears in 1 contract
Sources: Debenture Indenture (Molycorp, Inc.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Common Shares so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in plus any accrued but unpaid interest thereon to but excluding the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderRedemption Date. In the event that any money money, or certificates representing Common Shares, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six five years less one day from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Common Shares, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of five years less one day after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to five years less one day after the redemption.
Appears in 1 contract
Sources: Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail fails on or before the Redemption Date to surrender such holder’s Debenture, or shall has not within such time accept accepted payment of the Redemption Price payable redemption monies payable, or give take delivery of certificates representing such Shares issuable in respect thereof, or given such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall will for all purposes be deemed a payment to the Debentureholder of the sum or Shares so set aside and, to that extent, the Debenture shall will thereafter not be considered as outstanding hereunder and the hereunder. The Debentureholder shall will have no other right thereunder except to receive payment of the Redemption Price of such Debenture plus any accrued but unpaid interest thereon to but excluding the Redemption Date out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, as the case may be, upon surrender and delivery up of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates for Shares, required to be deposited hereunder with the Debenture Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall will remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies shall or certificates for Shares, together with any accumulated interest thereon or any distribution paid thereon, will at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository depositary or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall will not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall will have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation prescription period provided by the laws of British ColumbiaQuébec. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation must reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to six years after the redemption.
Appears in 1 contract
Sources: Trust Indenture (Boralex Inc.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationTrust on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof respectthereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Trust upon receipt from the Trust, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Trust prior to the expiry of six years after the Redemption Date, the Trust shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Trust but prior to six years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept take delivery of payment of the Redemption Price payable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies Redemption Price may be set aside held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trustee, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum Redemption Price so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out take delivery of the monies Redemption Price so paid and deposited upon surrender and delivery of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years less one day from the Redemption Date, thenthen such monies, together with any accumulated interest thereon or any distribution paid thereon, shall, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its written demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario.
Appears in 1 contract
Sources: Secured Trust Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates, together with any accumulated interest thereon or distribution paid thereon shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationTrust on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Trust upon receipt from the Trust, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Trust prior to the expiry of six years after the Redemption Date, and such funds or any portion thereof are claimed after the date of such payment of the remaining funds to the Trust but prior to six years after the redemption, then the Debenture Trustee shall immediately provide to the Trust written notice of such claim and the Trust shall promptly deposit with the Debenture Trustee funds in the amount necessary to satisfy such claim.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Call Date to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price redemption moneys payable or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies moneys may be set aside in trust without interest interest, either in the deposit department of the Debenture Trustee or in a Canadian chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderCall Date. In the event that any money required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if anyRedemption Price, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Call Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon or any distribution paid thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository Depository or paying agent to the CorporationCompany on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies money due from the CorporationCompany, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Call Date to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Company prior to the expiry of six years after the Redemption Call Date, and such funds or any portion thereof are claimed after the date of such payment of the remaining funds to the Company but prior to six years after the Redemption Call Date, then the Debenture Trustee shall immediately provide to the Company written notice of such claim and the Company shall promptly deposit with the Debenture Trustee funds in the amount necessary to satisfy such claim.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. (1) In case the holder of any Debenture so called for redemption shall fail on or before within sixty (60) days after the Redemption Date date fixed for redemption so to surrender such holder’s Debenture, his Debenture or shall not within such time accept payment of the Redemption Price redemption monies payable in respect thereof or give such receipt therefor, if any, as the Trustee may require, such redemption monies may shall be set aside in trust without interest for such holder at such rate of interest, if any, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held trust company in a book position by the Trustee, or as otherwise agreed by the Corporation and TrusteeCanada, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside andaside, and to that extent, the extent said Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited (upon surrender and delivery of such holder’s his or her Debenture, ) of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect redemption price of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. .
(2) In the event that any money monies required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, principal of or interest, if any, interest on Debentures issued hereunder shall remain so deposited for a such period that the right to proceed against the Company for recovery of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies by the holders of Debentures has become statute barred, then such monies, together with any accumulated interest thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over by the Trustee or such depository or paying agent to the Corporation, and thereupon Company on its demand. Thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, and thereafter the Debentureholder holders of the Debentures in respect of which such monies was were so repaid to the Corporation Company shall have no rights right in respect thereof except to obtain payment of the monies due thereon from the Corporation, subject to any limitation period provided by the laws of British ColumbiaCompany.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing any Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies moneys may be set aside in trust (without interest interest), or such certificates may be held in trust without interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, or to take delivery of the certificates so deposited, upon surrender and delivery of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect and subsequent distributions, on such Trust Units, if any, as the case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates, required to be deposited hereunder with the Trustee or any depository depositary or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six ten years from the Redemption Date, thenthen such moneys or certificates, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository depositary or paying agent to the CorporationTrust on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaOntario.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Trust Units so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price Price, as the case may be, of such Debenture plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money money, or certificates for Trust Units, required to be deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates for Trust Units, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationTrust on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Trust upon receipt from the Trust, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Trust prior to the expiry of six years after the Redemption Date, the Trust shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Trust but prior to six years after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date date specified for redemption so to surrender such holder’s Debenture's Debenture and the unmatured coupons, if any, appertaining thereto, or shall not within such time accept payment of the Redemption Price payable redemption moneys payable, or take delivery of certificates representing such Common Shares issuable in respect thereof, or give such receipt therefor, if any, as the Indenture Trustee may require, such redemption monies moneys may be set aside in trust at such rate of interest as the depository may allow, or such certificates may be held in trust without interest interest, either in the deposit department of the Indenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture and such coupons, if any, shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, or take delivery of the certificates so deposited, upon surrender and delivery up of such holder’s Debenture's Debenture and such coupons, if any, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect redemption price of such DebentureDebenture plus such interest thereon, and in if any, as the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderdepository may allow. In the event that any money money, or certificates, required to be deposited hereunder with the Indenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen such moneys, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Indenture Trustee or such depository or paying agent to the Corporation, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, thereafter the Debentureholder in respect of which such monies was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies due from the Corporation, subject to any limitation period provided by the laws of British Columbiaon its demand.
Appears in 1 contract
Sources: Trust Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date so to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or take delivery of certificates representing such Trust Units issuable in respect thereof, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum or Trust Units so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, or take delivery of the certificates so deposited, or both, upon surrender and delivery up of such holder’s Debenture, 's Debenture of the Redemption Price plus accrued interest and unpaid interest to Price, as the Redemption Date in respect case may be, of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money money, or certificates representing Trust Units, required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or principal and interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, then such monies or certificates representing Trust Units, together with any accumulated interest thereon or any distribution paid thereon, shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationTrust on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation Trust shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the CorporationTrust, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the Redemption Date to the Trust upon receipt from the Trust, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Trust prior to the expiry of six years after the Redemption Date, the Trust shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Trust but prior to six years after the redemption.
Appears in 1 contract
Sources: Convertible Debenture Indenture (Perpetual Energy Inc.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trustee, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited upon surrender and delivery of such holder’s 's Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, be paid over by the Trustee or such depository or paying agent to the Corporation, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, thereafter the Debentureholder in respect of which such monies was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 1 contract
Sources: Trust Indenture (NexGen Energy Ltd.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption in whole or in part shall fail on or before within 30 days after the Redemption Date date fixed for redemption so to surrender such holder’s Debenture, his Debenture or shall not within such time accept payment of the applicable Redemption Price payable in respect thereof or give such receipt therefor, therefor (if any, ) as the Trustee Company or the Fiscal Agent may require, the Company shall be entitled to pay such redemption monies may be applicable Redemption Price to the Fiscal Agent and direct the Fiscal Agent to set it aside in trust without interest for such Holder, either in the deposit department of the Trustee Fiscal Agent or in a Belize chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteeback, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside andaside, and to that extent, extent the said Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except (upon surrender and delivery up of his Debenture) to receive payment out of the monies moneys so paid and deposited upon surrender and delivery of such holder’s Debenture, of the applicable Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, . Any moneys so set aside and in interest thereon (if any) not claimed by or paid to the event that Holder of the Trustee receives Debentures entitled thereto within 6 years after the same, it shall hold the same in trust for the benefit date of such holder. In setting aside shall be repaid to the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, be paid over Company by the Trustee or such depository or paying agent to the Corporation, Fiscal Agent on demand and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, Fiscal Agent shall be released from all further liability with respect to such monies and, subject to applicable law, such. moneys and thereafter the Debentureholder holders of the Debentures in respect of which such monies was moneys were so repaid paid to the Corporation Company shall have no rights in respect thereof except to obtain payment of the monies moneys due thereon from the Corporation, Company subject to any limitation period provided by defence the laws Company may have and to the provisions of British Columbiathis Indenture.
Appears in 1 contract
Sources: Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trustee, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited upon surrender and delivery of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies shall at the end of such period, upon the written request of the Corporation, be paid over by the Trustee or such depository or paying agent to the Corporation, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, thereafter the Debentureholder in respect of which such monies was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 1 contract
Sources: Trust Indenture
Failure to Surrender Debentures Called for Redemption. In case the holder of any such Debenture so called for redemption shall fail on or before within 60 days after the Redemption Date date fixed for redemption so to surrender his Debenture and such holder’s Debentureunmatured coupons, if any, or shall not within such time accept payment of the Redemption Price redemption price payable in respect thereof or give such receipt therefor, if any, as the Bank or the Trustee may require, such redemption monies may price shall be paid by the Bank to the Trustee, if not theretofore so paid, and shall be set aside in trust without interest for such holder, either in the deposit department of the Trustee or in a an account in the Bank or some other chartered bank (which may, but need not be, an Affiliate in Canada in the name of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trustee, and such setting aside shall for all purposes be deemed a payment to the Debentureholder debentureholder of the sum so set aside andaside, and to that extentextent the said Debenture and coupons, the Debenture if any, shall thereafter not be considered as outstanding hereunder and the Debentureholder debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited upon surrender and delivery up of such holder’s Debenture, of the Redemption Price plus accrued interest his Debenture and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holder. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premiumcoupons, if any, or interestof the redemption price of such Debenture plus such interest thereon, if any, on as the depositary may allow. Any moneys so set aside and interest thereon, if any, not claimed by or paid to the holder of Debentures issued hereunder shall remain so deposited for a period of six entitled thereto within 6 years from after the Redemption Date, then, subject to any applicable law regarding unclaimed property, such monies shall at the end date of such period, upon setting aside shall be repaid to the written request of the Corporation, be paid over Bank by the Trustee or such depository or paying agent to the Corporation, on demand and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, moneys and thereafter the Debentureholder holders of the Debentures or coupons in respect of which such monies was moneys were so repaid to the Corporation Bank shall have no rights in respect thereof except to obtain payment of the monies due from redemption price of such Debentures plus such interest if any, allowed by the Corporationdepositary, subject to any limitation period provided by defence the laws of British ColumbiaBank may have.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust trust, without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, Debenture of the Redemption Price plus Price, as the case may be, of such Debenture together with a cash payment in respect of accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderthereon (whether having been compounded or not). In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six three years less one day from the Redemption Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon or any distribution paid thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of three years less one day after the Redemption Date to the Corporation upon receipt from the Corporation, of an unconditional letter of credit from a Schedule 1 Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of three years less one day after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to three years less one day after the redemption.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable redemption monies payable, or give such receipt therefor, if any, as the Trustee may require, such redemption monies may be set aside in trust without interest trust, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies so paid and deposited deposited, upon surrender and delivery of such holder’s Debenture, of plus any accrued but unpaid interest thereon to but excluding the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen such monies, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money due from the Corporation, subject to any limitation period provided by the laws of British Columbia.
Appears in 1 contract
Sources: Convertible Debenture Indenture (Crailar Technologies Inc)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date date specified for redemption so to surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price redemption moneys payable in respect thereof or give such receipt therefor, if any, as the Trustee may require, such redemption monies moneys may be set aside in trust without at such rate of interest as the depository may allow, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder debenture holder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder debenture holder shall have no other right except to receive payment out of the monies moneys so paid and deposited upon surrender and delivery up of such holder’s Debenture, Debenture of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect redemption price of such DebentureDebenture plus such interest thereon, and in if any, as the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderdepository may allow. In the event that any money required to be deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, interest on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Dateyears, thenthen such moneys, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies if any, shall at the end of such period, upon the written request of the Corporation, period be paid over by the Trustee or such depository or paying agent to the Corporation, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, subject to applicable law, thereafter the Debentureholder in respect of which such monies was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaCompany on its written demand.
Appears in 1 contract
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to so surrender such holder’s Debenture, or shall not within such time accept payment of the Redemption Price payable payable, or take delivery of certificates representing any Shares issuable in respect thereof, or give such receipt therefor, if any, as the Trustee Corporation may require, such redemption monies moneys may be set aside in trust, or such certificates may be held in trust without interest interest, either in the deposit department of the Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies moneys so paid and deposited deposited, or to take delivery of the certificates so deposited, upon surrender and delivery of such holder’s Debenture, of the Redemption Price plus accrued interest and unpaid interest to the Redemption Date in respect of and subsequent distributions and accretions, on such DebentureShares, and if any, as the case may be. Subject to applicable law, in the event that the Trustee receives the sameany money, it shall hold the same in trust for the benefit of such holder. In the event that any money or certificates, required to be set aside or deposited hereunder with the Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder and not claimed shall remain so set aside or deposited for a period of six ten years from the Redemption Date, thenthen such moneys or certificates, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Trustee or such depository or paying agent to the CorporationCorporation on its written demand, and thereupon the Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies them and, subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies money or Shares, if applicable, was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaOntario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of ten years after the Redemption Date to the Corporation upon receipt from the Corporation of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds. If the remaining funds are paid to the Corporation prior to the expiry of ten years after the Redemption Date, the Corporation shall reimburse the Trustee for any amounts required to be paid by the Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining funds to the Corporation but prior to ten years after the redemption and such letter of credit shall be reduced to the extent of the amount of such reimbursement. If the Corporation fails to reimburse the Trustee, the Trustee may draw on the letter of credit.
Appears in 1 contract
Sources: Indenture (Kirkland Lake Gold Ltd.)
Failure to Surrender Debentures Called for Redemption. In case the holder of any Debenture so called for redemption shall fail on or before the Redemption Date to surrender such holder’s 's Debenture, or shall not within such time accept payment of the Redemption Price payable (in cash or Units), or give such receipt therefor, if any, as the Debenture Trustee may require, such redemption monies Redemption Price may be set aside held in trust without interest interest, either in the deposit department of the Debenture Trustee or in a chartered bank (which may, but need not be, an Affiliate of the Trustee), or with respect to Shares held in a book position by the Trustee, or as otherwise agreed by the Corporation and Trusteebank, and such setting aside shall for all purposes be deemed a payment to the Debentureholder of the sum so set aside Redemption Price and, to that extent, the Debenture shall thereafter not be considered as outstanding hereunder and the Debentureholder shall have no other right except to receive payment out of the monies cash and/or Common Shares so paid and deposited deposited, upon surrender and delivery of such holder’s 's Debenture, of the Redemption Price Price, plus any accrued interest and but unpaid interest thereon to but excluding the Redemption Date in respect of such Debenture, and in the event that the Trustee receives the same, it shall hold the same in trust for the benefit of such holderDate. In the event that any money required to be cash and/or Common Shares deposited hereunder with the Debenture Trustee or any depository or paying agent on account of principal, premium, if any, or interest, if any, on Debentures issued hereunder shall remain so deposited for a period of six years from the Redemption Date, thenthen the cash and/or Common Shares, subject to together with any applicable law regarding unclaimed propertyaccumulated interest thereon or any dividend paid thereon, such monies shall at the end of such period, upon the written request of the Corporation, period be paid over or delivered over by the Debenture Trustee or such depository or paying agent to the CorporationCorporation on its demand, and thereupon the Debenture Trustee shall not be responsible to Debentureholders for any amounts owing to them, shall be released from all further liability with respect to such monies and, them and subject to applicable law, thereafter the Debentureholder holder of a Debenture in respect of which such monies cash and/or Common Shares was so repaid to the Corporation shall have no rights in respect thereof except to obtain payment of the monies money or certificates due from the Corporation, subject to any limitation period provided by the laws of British ColumbiaAlberta. Notwithstanding the foregoing, the Debenture Trustee will pay any remaining cash and/or Common Shares prior to the expiry of six years after the Redemption Date to the Corporation upon receipt from the Corporation, or one of its Subsidiaries, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining cash and/or Common Shares. If the remaining cash and/or Common Shares are remitted to the Corporation prior to the expiry of six years after the Redemption Date, the Corporation shall reimburse the Debenture Trustee for any amounts required to be paid by the Debenture Trustee to a holder of a Debenture pursuant to the redemption after the date of such payment of the remaining cash and/or Common Shares to the Corporation but prior to six years after the redemption.
Appears in 1 contract