Manner of Exercise of Right to Convert Sample Clauses

Manner of Exercise of Right to Convert. (a) The holder of a Debenture desiring to convert such Debenture in whole or in part into Common Shares, or in the alternative, the holder who is required to convert such Debenture in whole or in part into Common Shares in accordance with clause 12.1(b) hereof shall surrender such Debenture to the Trustee at its principal office in the City of Calgary together with the conversion form on the back of such Debenture or any other written notice in a form satisfactory to the Corporation, in either case duly executed by the holder or his executors or administrators or other legal representatives or his or their attorney duly appointed by an instrument in writing in a form and executed in a manner satisfactory to the Corporation, exercising his right or obligation to convert such Debenture in accordance with the provisions of this Article. Thereupon such Debentureholder or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all (b) For the purposes of Article 12, a Debenture shall be deemed to be surrendered for conversion by the holder on the date on which it is so surrendered by the holder in accordance with the provisions of this Article and, in the case of a Debenture so surrendered by post or other means of transmission, on the date on which it is received by the Trustee at its office specified herein or on the date in the notice given by the Corporation under clause 12.1(b) hereof, whichever is the first to occur (herein referred to as the "Conversion Date"); provided that if a Debenture is surrendered for conversion on a day on which the register of Common Shares is closed, the person or persons entitled to receive Common Shares shall become the holder or holders of record of such Common Shares as at the date on which such registers are next reopened. (c) Any part, being one thousand ($1,000) dollars or an integral multiple thereof, of a Debenture of a denomination in excess of one thousand ($1,000) dollars may be converted as provided in this Article and all references in this Indenture to conversion of Debentures shall be deemed to include conversion of such parts. (d) The holder of any Debenture of which part only is converted shall surrender the said Debenture to the Trustee, and the Trustee shall cancel the same and shall without charge forthwith certify and deliver to the holder a new Debenture or Debentures in an aggregate principal amount equal to the unconverted part of the prin...

Manner of Exercise of Right to Convert. (1) The holder of a Debenture Certificate desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture Certificate to the Trustee at its principal office in the City of Calgary, Alberta together with the conversion notice in the form of Schedule B or any other written notice in a form satisfactory to the Trustee, duly executed by the holder or its executors or administrators or other legal representatives or its or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its right to convert such Debenture in accordance with the provisions of this Article. With respect to an Uncertificated Debenture, in order to surrender the interests in such Debentures for the purpose of effecting conversion, such Debentures may be required to be first withdrawn from CDS and surrendered to the Trustee. Restricted Uncertificated Debentures, if any, and Restricted Physical Debentures shall be converted into Common Shares and marked to bear the U.S. Legend, and Unrestricted Uncertificated Debentures shall be converted into Common Shares issued under unrestricted share CUSIP #▇▇▇▇▇▇▇▇▇. Upon the Trustee receiving an executed Conversion Notice as set out in Schedule B with the box therein being ticked, the Trustee will issue Common Shares without the U.S. Legend under unrestricted share ISIN #CA34348Q1028. Thereupon such Debentureholder or, subject to compliance with the applicable terms and provisions hereof and payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, its nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company as at the Date of Conversion (or such later date as is specified in Section 5.2(2)) as the holder of the number of Common Shares, as applicable, into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Company shall deliver to such Debentureholder or, subject as aforesaid, its nominee(s) or assignee(s), a certificate or certificates for such Common Shares or deposit such Common Shares through the Depository’s non-certificated system and make or cause to be made any payment of interest to which such holder is entitled in accordance with Section 5.2(5). (2) For the purposes of this Article, a Debenture shall be deemed to be surrendered ...

Manner of Exercise of Right to Convert. ‌ (a) The holder of a Debenture desiring to convert such Debenture in whole or in part into Shares shall surrender such Debenture to the Trustee at its principal office in Vancouver, British Columbia, together with the conversion notice in the form attached as Schedule II on the back of such Debenture or any other written notice in a form satisfactory to the Trustee and the Corporation, in either case duly executed by the holder or its executors or administrators or other legal representatives or its or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its right to convert such Debenture in accordance with the provisions of this Article 5. If the number of Shares issuable upon a conversion of Debentures would result in the Maximum Conversion Shares being exceeded such that the approval of one or more stock exchange(s) on which the Shares are then listed is required for the‌ Shares issuable upon a conversion of Debentures to be listed on such stock exchange(s), the Corporation shall use its reasonable commercial efforts to obtain the approval of such stock exchange(s) (provided, for greater certainty, such commercially reasonable efforts shall not require the Corporation seeking securityholder approval, if required) and the conversion shall be conditional on such approval(s) being obtained. Thereupon such Debentureholder or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, its nominee(s) or assignee(s), shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (or such later date as is specified Section 5.3(b) or, if stock exchange approval is required in respect of a conversion, as soon as practicable following the date such approval is obtained) as the holder of the number of Shares into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Corporation shall deliver to such Debentureholder or, subject as aforesaid, its nominee(s) or assignee(s), a certificate or other evidence of such Shares. (b) For the purposes of this Article, a Debenture shall be deemed to be surrendered for conversion on the date (herein called the “Date of Conversion”) on which it is so surrendered in accordance with the provisions of this Article 5 and, in the case of a Debenture...

Manner of Exercise of Right to Convert. The Holder may exercise his right to convert in accordance with the provisions of Section 3.1 by sending to the Corporation at its principal address a notice (the “Conversion Notice”) exercising his right to convert in accordance with the provisions of this ARTICLE 3. The Holder shall be entitled to be entered in the books of the Corporation as at the date of the Conversion Notice as the holder of the number of Common Shares or other shares, as the case may be, into which the Promissory Note is convertible in accordance with the provisions of this ARTICLE 3 and within 10 business days of the conversion, the Corporation shall deliver to the Holder a certificate or certificates for such Common Shares or other shares, as the case may be.

Manner of Exercise of Right to Convert. (1) The holder of a Debenture Certificate desiring to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture Certificate to the Trustee at its principal office in the City of Calgary, Alberta together with the conversion notice in the form of Schedule B or any other written notice in a form satisfactory to the Trustee, duly executed by the holder or its executors or administrators or other legal representatives or its or their attorney duly appointed by an instrument in writing in form and executed in a manner satisfactory to the Trustee, exercising its right to convert such Debenture in accordance with the provisions of this Article; provided that with respect to an Uncertificated Debenture, registration and surrender of interests in the Debentures will be made only through the Depository’s non-certificated system. Restricted Uncertificated Debentures and Restricted Physical Debentures shall be converted into Common Shares and marked to bear the U.S. Legend, and Unrestricted Uncertificated Debentures shall be converted into Common Shares issued under unrestricted share CUSIP #▇▇▇▇▇▇▇▇▇. Upon the Trustee receiving an executed Conversion Notice as set out in Schedule B with the box therein being ticked, the Trustee will issue Common Shares without the U.S. Legend under unrestricted share ISIN #CA34348QAB82. Thereupon such Debentureholder or, subject to compliance with the applicable terms and provisions hereof and payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, its nominee(s) or assignee(s) shall be entitled to be entered in the books of the Company as at the Date of Conversion (or such later date as is specified in Section 5.2(2)) as the holder of the number of Common Shares, as applicable, into which such Debenture is convertible in accordance with the provisions of this Article 5 and, as soon as practicable thereafter, the Company shall deliver to such Debentureholder or, subject as aforesaid, its nominee(s) or assignee(s), a certificate or certificates for such Common Shares or deposit such Common Shares through the Depository’s non-certificated system and make or cause to be made any payment of interest to which such holder is entitled in accordance with Section 5.2(5). (2) For the purposes of this Article, a Debenture shall be deemed to be surrendered for conversion on the date (herein called the “Date of Conve...

Manner of Exercise of Right to Convert. (a) The applicable Convertible Term Loan Lender converting its Conversion Amount into Common Shares shall surrender its Convertible Notes (if any) to Borrower at its chief executive office indicated in Annex C together with a completed Conversion Form or any other written notice in a form satisfactory to Borrower, in either case duly executed by such Convertible Term Loan Lender, exercising the right to convert such Conversion Amount or being required to convert such Conversion Amount in accordance with the provisions hereof. If any of the Common Shares into which such Conversion Amount is to be converted are to be issued to a Person or Persons other than the applicable Convertible Term Loan Lender (e.g. a nominee name), such Conversion Form or notice shall be in form and substance satisfactory to Borrower and shall be accompanied by payment to Borrower of any transfer tax which may be payable by reason thereof. Upon the surrender of such Convertible Notes accompanied by such Conversion Form or notice (i) the applicable Convertible Term Loan Lender shall be issued the number of Common Shares which it shall be entitled to receive on such conversion, (ii) the applicable Convertible Term Loan Lender releases Borrower of all liability with respect to the Conversion Amount which has been converted, and (iii) Borrower agrees that the surrender of such Convertible Notes constitutes the sole consideration for the Common Shares issuable upon such conversion. Subject to Section 1.1(9)(b), upon delivery of the requisite Conversion Form or notice, such Convertible Term Loan Lender or, subject to payment of all applicable stamp or security transfer taxes or other governmental charges and compliance with all reasonable requirements of Borrower, the nominee(s) or assignee(s) thereof, shall be entitled to be entered in the books of Borrower as at the Date of Conversion as the holder of the number of Common Shares into which such Conversion Amount is convertible in accordance with the provisions hereof and, as soon as practicable thereafter, Borrower shall deliver to such Convertible Term Loan Lender or, subject as aforesaid, the nominee(s) or assignee(s) thereof, a certificate or certificates for such Common Shares and make or cause to be made any payment of dividends to which such Convertible Term Loan Lender is entitled in accordance with Section 1.1(9)(c). (b) If a Convertible Note is surrendered for conversion on a day on which the register of Common Shares is closed,...

Manner of Exercise of Right to Convert. 2.1 On each occasion on which the Vendor desires to convert a portion of the Debt to Shares, the Vendor shall deliver a written notice (each a "Notice') to the Parent specifying the amount of the Debt to be converted, expressed in U.S. dollars. 2.2 Upon receiving a Notice, the Parent shall, within five (5) days: (a) deliver an appropriate order to its transfer agent directing the registration of the Vendor as the owner of the number of Shares into which the portion of the Debt specified in the Notice is convertible; and (b) deliver to the Vendor certificates for the shares and warrants comprised in such Shares and, if applicable, a cheque for any amount payable under paragraph 4.1. 2.3 Any part of the Debt may be converted as provided in this Option and all references in this Option to the conversion of the Debt shall be deemed to include the conversion of a part of the Debt where applicable.

Manner of Exercise of Right to Convert. (1) The Holder of a Note wishing to convert such Note in whole or in part into Common Shares shall surrender such Note prior to the Time of Expiry or, if by facsimile transmission, deliver such facsimile transmission prior to the Time of Expiry and surrender such original Note within three Business Days thereafter, to the Trustee at its principal offices in the City of Vancouver, together with the conversion form on the back of such Note or any other written notice in form and substance satisfactory to the Trustee, in either case duly executed by the Holder or the Holder's executors or administrators or other legal representatives or their attorney duly appointed by an instrument in writing and in form and substance satisfactory to the Trustee, exercising the Holder's right to convert such Note in accordance with the provisions of this Article 4 and further together with documentation to satisfy the restrictive legend on the Note Certificate. Notice shall also be provided to the Corporation by delivering to it a copy of such documentation. Thereupon such Noteholder or, subject to payment of all applicable stamp taxes, security transfer taxes or other governmental charges and compliance with all reasonable requirements of the Trustee, such Noteholder's nominee or assignee shall be entitled to be entered in the books of the Corporation as at the Date of Conversion (as defined in subsection

Manner of Exercise of Right to Convert. (a) The Holder of a Debenture wishing to convert such Debenture in whole or in part into Common Shares shall surrender such Debenture prior to the Time of Expiry, to the Trustee at its principal stock transfer office in the City of Toronto, together with the conversion form on