Common use of Payment of Interest Clause in Contracts

Payment of Interest. (a) The Issuer shall pay the interest due upon the principal amount of each Definitive Note (except interest payable on Maturity or redemption of a Definitive Note which, at the option of the Issuer, may be paid only upon presentation of such Definitive Note for payment) by forwarding or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 2 contracts

Sources: Trust Indenture, Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or elsewhere in this Indenture or specified in a resolution of the Board of Directors, on behalf of the Issuer, Officer’s Certificate or supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Debenture), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address registered Debentureholder appearing on the applicable register unless otherwise directed in writing registers maintained by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them Trustee at the last address appearing in close of business on the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three 5th Business Days Day prior to the applicable Interest Payment DateDate and addressed to the Debentureholder at the Debentureholder’s last address appearing on the register, unless such Debentureholder otherwise directs. If payment is made by cheque such cheque shall be forwarded as soon as practicable following the date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient Debentureholder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque be not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer electronic funds transfer on such Interest Payment Date to the Trustee or the Depository (Depositary or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior nominee for subsequent payment to the Interest Payment DateBeneficial Holders in that Global Debenture, unless the Issuer, Issuer and the Trustee and/or Depository, as applicable, Depositary otherwise agree. If The record date for the funds are transferred to payment of interest will be that day which is the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or 5th Business Day prior to the applicable Interest Payment Date. The transfer None of funds by the Issuer to Issuer, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

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

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.5(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.5, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustees or any agent of the Trustees, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine to be appropriate) a cheque for Trustees, payment of such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Trustees at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustees must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation, either directly or through the Trustees or any agent of the Trustees, will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as they shall reasonably require and upon being indemnified to their satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustees, acting reasonably, with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment Date. The transfer of funds by Global Debenture, unless the Issuer to Corporation, the Trustee or to Trustees and the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability otherwise agree. None of the Issuer in respect Corporation, the Trustees or any agent of the interest then due on such Trustees for any Debenture issued as a Global Note Debenture will be liable or responsible to the extent any Person for any aspect of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all records related to or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

Sources: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in subsection 2.5(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in subsection 2.5(3), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, wire transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes the Uncertificated Debenture shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, made by wire funds transfer or other electronic transfer on or before 11:00 a.m. certified cheque made payable (Toronto Timei) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) if the Corporation wishes to have the Trustee act as interest paying agent, to the Trustee by no later than the Business Day prior to the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateUncertificated Debenture. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

Sources: Indenture (Aurora Cannabis Inc), Indenture (Aurora Cannabis Inc)

Payment of Interest. (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption or repurchase, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom as instructed by the Corporation) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder (or, in the case of joint holders to the registered joint Holders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Debenture Trustee, at least two Business Days prior to each Interest Payment Date or the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Debenture Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Debenture Trustee and the Corporation in order to effect such interest payment hereunder. The Debenture Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment and a Written Direction of the Corporation. The Debenture Trustee shall have no obligation to disburse funds pursuant to this Section 2.16(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Debenture Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.16(a), if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateCorporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

Sources: Trust Indenture (Red Mile Entertainment Inc), Trust Indenture (Red Mile Entertainment Inc)

Payment of Interest. (a) The Issuer shall pay the With respect to any interest due upon the principal amount of each Definitive Note on Debentures (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, will send or forward by prepaid ordinary mail (mail, electronic transfer of funds, or in the event of mail service interruption, by such other means as acceptable to the Trustee and the Issuer determine to be appropriate) a cheque for parties, payment of such interest payable (less applicable Withholding Taxes, if any) to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall will be forwarded at least three Business Days prior to each date on which interest becomes due (and, if such cheques are to be mailed by the applicable Interest Payment DateDebenture Trustee, the Corporation will deliver to the Debenture Trustee the amount required to be paid by the Debenture Trustee one Business Day prior to the date on which the Debenture Trustee is required to mail such cheques) and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee will receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall will be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The Corporation hereby authorizes and directs the Debenture Trustee to make payments via electronic transfer when it is so requested to do so by any holder. The mailing of such cheque or prior the making of such payment by other means will, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld or deducted as aforesaid and remitted to the proper tax authority, satisfies and discharges all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation or the Debenture Trustee will issue to such person a replacement cheque or other payment for the amount upon being furnished with such evidence of non-receipt as it reasonably requires and upon being funded and indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Notwithstanding Section 2.10(a), for Debentures represented, in whole or in part, by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nomineeDebenture, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes shall Debenture will be transferred made by the Issuer electronic funds transfer to the Trustee or the Depository (Depositary or its nominee)nominee for subsequent payment to Beneficial Holders of interests in that Global Debenture, as applicable, by wire or other electronic transfer unless the Corporation and the Depositary otherwise agree. The Corporation will pay such funds to the Debenture Trustee on or before 11:00 10:00 a.m. (Toronto TimeMontréal time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or immediately prior to the applicable Interest Payment Date. The transfer None of funds by the Issuer to Corporation, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

Sources: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)

Payment of Interest. (a) The Issuer following provisions shall pay apply to Debentures, except as permitted by Article 5 or specified in a resolution of the Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Debentures: 2.14.1 As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Debenture Agent or any agent of the Debenture Agent, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Agent, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Agent at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Agent must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation or the Debenture Agent will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Agent with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount 2.14.2 Notwithstanding Section 2.14.1, if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in the applicable Interest Payment Date. The transfer of funds by Global Debenture, unless the Issuer to the Trustee or to Corporation and the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability otherwise agree. None of the Issuer in respect Corporation, the Debenture Agent or any agent of the interest then due on such Debenture Agent for any Debenture issued as a Global Note Debenture will be liable or responsible to the extent any person for any aspect of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all records related to or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

Sources: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)

Payment of Interest. The following provisions shall apply to Debt Securities, except as otherwise specified in a Board Resolution, an Officers' Certificate or a Supplemental Indenture relating to a particular series of Debt Securities: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note fully registered Debt Security (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Baytex be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debt Security), Baytex, either directly or causing to be forwarded through the Indenture Trustee or any agent of the Indenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Indenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address Debt Security appearing on the applicable register unless otherwise directed in writing registers maintained by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them Indenture Trustee at the last address appearing in close of business on the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three fifth Business Days Day prior to the applicable Interest Payment DateDate and addressed to the holder at the holder's last address appearing on the register (or in the case of joint holders, and if to such address of one of the joint holders), unless such holder otherwise directs. If payment is made in any by electronic transfer of funds (provided the Indenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders) or other mannermeans, such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debt Security becomes due. The making of such payment shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debt Security. Notwithstanding the foregoing, if Baytex is prevented by circumstances beyond its control from making payment of any interest due on each Debt Security in the manner provided above, Baytex may make payment of such interest or make such interest available for payment in any other manner acceptable to the Indenture Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Indenture Trustee, at least one Business Day prior to the applicable each Interest Payment Date, Baytex shall deliver sufficient funds to the Indenture Trustee by electronic transfer or make such other arrangements for the provision of funds as may be agreeable between the Indenture Trustee and Baytex in order to effect such interest payment hereunder. (b) The Issuer shall pay the interest due upon the principal amount If a series of each Debt Securities or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debt Security, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debt Security shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior for subsequent payment to Beneficial Debtholders of the applicable Interest Payment Dateinterests in that Global Debt Security, unless Baytex and the Depository otherwise agree. The transfer None of funds by Baytex, the Issuer to the Indenture Trustee or any paying agent for any Debt Security issued as a Global Debt Security will be liable or responsible to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any Person for any aspect of the Issuer records related to or payments made on account of beneficial interests in respect of the interest then due on any Global Debt Security or for maintaining, reviewing, or supervising any records relating to such Global Note to the extent of the amount transferredbeneficial interests. (c) Notwithstanding Sections 2.16(aThe Indenture Trustee shall have no obligation to disburse funds pursuant to Section 2.14 (a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and (b), all payments made under this Sections 2.16 in excess of $25 million (or payable with respect to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSInterest Payment Date.

Appears in 2 contracts

Sources: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.)

Payment of Interest. On or before 9:00 a.m. (aVancouver time) The Issuer shall on the fourth Business Day immediately prior to an Interest Payment Date, as applicable, for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer in an amount sufficient to pay the interest due upon the principal amount of each Definitive Note (except interest payable on Maturity or redemption of a Definitive Note which, at the option of the Issuer, may be paid only upon presentation of such Definitive Note for payment) by forwarding or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the cash amount payable in respect of such Debentures regarding any accrued and unpaid interest thereon, and including any Taxes required by applicable law to be deducted or withheld by the Trustee and remitted to the applicable governmental authority, which the Trustee shall deduct and remit as required by applicable law. The following provisions shall apply to the Debentures, except as otherwise provided in Section 2.2(c) or specified in a resolution of the Board (subject to the consent of the Trustee, which consent shall not be unreasonably withheld): (a) As interest becomes due on each Debenture (except, subject to certain exceptions set forth herein including in Section 2.2, on conversion or on redemption, when interest will be paid upon surrender of such Debenture), the Corporation, through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail, electronic transfer of funds or such other means as may be agreed to by the Trustee, on or prior to the applicable Interest Payment Date, payment of such interest to be paid to a Holder by wire or other electronic transfer to an account the order of the registered holder of such Debenture as appearing on the registers maintained by such Holder or in any other manner acceptable the Trustee at the close of business on the applicable Interest Calculation Date and addressed to the Trusteeholder at the holder’s last address appearing on the register, unless such holder otherwise directs. If Provided the Trustee is in receipt of funds from the Corporation prior to making any payment, if payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the each applicable Interest Payment Date, and if payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable such Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee, acting reasonably, with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment DateDate for subsequent payment to Beneficial Holders of the applicable Global Debenture, unless the Corporation, the Trustee and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

Sources: Convertible Debenture Indenture, Convertible Debenture Indenture

Payment of Interest. Subject to Article 5, the following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Company, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to each date on which interest becomes due, and the applicable Interest Payment Datetrustee must be in receipt of the funds referenced in such cheque prior to forwarding such payment, and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Company will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Company may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.14(a), if a series of each Debentures or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Company and the Depository otherwise agree. The transfer None of funds by the Issuer to Company, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 2 contracts

Sources: Convertible Debenture Indenture, Convertible Debenture Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.3(a) or elsewhere in this Indenture or specified in a Board Resolution, an Officer’s Certificate or a supplemental indenture relating to the Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly (which shall be confirmed by forwarding the Corporation by Officer's Certificate pursuant to Section 2.3(c)), or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward a cheque by prepaid ordinary mail mail, wire, electronic transfer of funds or such other means as may be agreed to by the Trustee and deliver the Shares, pursuant to Section 2.3(c), in payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee as at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event case of mail service interruptionjoint holders, by to such other means as address of one of the joint holders), unless such holder otherwise directs in writing to the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeadvance. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as wire or electronic transfer of funds, such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the Interest Payment Date. If payment is made through the Trustee, at least on or before 11:00 am (Vancouver time) one Business Day prior to each Interest Payment Date or prior to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by wire or electronic transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. The Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b)foregoing, all payments made under this Sections 2.16 in excess of $C$25 million to a Debentureholder (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. (c) The Trustee shall have no obligation to disburse funds pursuant to this Section 2.10 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 2 contracts

Sources: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(4) or: (i) with respect to minor administrative matters or typographical errors, as specified in a resolution of the Board of Directors, an Officer’s Certificate, or (ii) as otherwise specified in a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(4), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Dateeach date on which interest becomes due, and if payment is made in any by other mannermeans (such as electronic transfer of funds), the Trustee must receive confirmation of receipt of funds prior to being able to forward funds or cheques to holders) and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer Notwithstanding Section 2.15(1)(a), if the Debentures are represented by a Global Debenture or otherwise registered in the name of CDS or its nominee, then all payments of interest on such Global Debentures shall pay the interest due upon the principal amount of each Global Note be made on such Interest Payment Date by wire transfer or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee cheque made payable to the Depository or its nominee) or (ii) directly nominee for subsequent payment to Beneficial Holders of interests in the Depository or its nomineeapplicable Global Debenture, unless the Issuer, Corporation and the Trustee and/or the Depository, as applicable, Depository otherwise agree. Such If the Corporation wishes to have the Trustee act as interest paying agent, funds as are required for the payments of interest on Global Notes shall must be transferred by the Issuer delivered to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on no later than the Business Day prior to the Interest Payment Date, unless day interest is payable to the IssuerDepository. None of the Corporation, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Siyata Mobile Inc.)

Payment of Interest. The following provisions apply to Debentures, except as otherwise provided in Subsection 2.4(c) with respect to the Initial Debentures or specified in an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, will send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall will be forwarded at least three Business Days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall will be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means will, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation or the Debenture Trustee will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it reasonably requires and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Subsection 2.15(a), if a series of each Debentures is represented, in whole or in part, by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes shall Debenture must be transferred made by the Issuer electronic funds transfer or cheque made payable to the Trustee or the Depository (Depositary or its nominee)nominee for subsequent payment to Beneficial Holders of interests in that Global Debenture, as applicable, by wire or other electronic transfer unless the Corporation and the Depositary otherwise agree. The Corporation will pay such funds to the Debenture Trustee on or before 11:00 a.m. (Toronto TimeMontréal time) on the Business Day day immediately prior to the Interest Payment Date, unless . None of the IssuerCorporation, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Boralex Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers' Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(c), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds one Business Day prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld and remitted to the appropriate governmental authority as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes the Uncertificated Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Owners of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree. On or before 11:00 a.m. (Calgary time) on the Business Day immediately prior to each Interest Payment Date for Uncertificated Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque or wire transfer in an amount sufficient to pay the cash amount payable in respect of interest on such Uncertificated Debentures on such Interest Payment Date, provided the Corporation may elect to satisfy this requirement by providing the Trustee with a cheque for such amounts required under this Section 2.14(b) post-dated to the applicable Interest Payment Date. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Debenture Indenture (Bellatrix Exploration Ltd.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the directors of the Corporation, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the seventh Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being required to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15,(a) if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture representing such Debentures shall be transferred made by the Issuer to the Trustee certified cheque, bank draft or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the of funds are transferred to the Trustee, the Trustee shall pay such funds made payable to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds for subsequent payment by the Issuer Depository to Beneficial Holders of interests in that Global Debenture, unless the Trustee or Corporation and the Depository otherwise agree. Provided the Corporation has made the payment of amounts due on maturity of the Global Debentures to the Depository (or its nominee)as contemplated herein, as applicable, with respect to the payment of interest will satisfy and discharge the liability none of the Issuer in respect Corporation, the Debenture Trustee or any agent of the interest then due on such Global Note Debenture Trustee for any Debenture will be liable or responsible to the extent any person for any aspect of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all records related to or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Gastar Exploration LTD)

Payment of Interest. (a) The Issuer Subject to paragraphs (b) and (c) below, and (except at maturity, when interest shall pay the interest due be paid upon the principal amount surrender of each Definitive Note (except interest payable on Maturity or redemption any series of a Definitive Note whichNotes for payment), the Company shall, at the option of the Issuer, may be paid only upon presentation least three days prior to each Interest Payment Date in respect of such Definitive Note for payment) by forwarding or causing series of Notes, cause to be forwarded sent by prepaid ordinary mail (to each Holder on the Interest Accrual Date corresponding to such Interest Payment Date a cheque or in the event by other transfer of mail service interruption, funds by such other means as may be considered appropriate by the Trustee and for the Issuer determine amount of interest to be appropriatepaid on the Interest Payment Date (less any Canadian Taxes required by law to be withheld or deducted therefrom) a cheque for such interest payable to the order of the Holder of such Definitive Note on and addressed to it at its last address or account, as the Record Date for each applicable Interest Payment Date at the address case may be, appearing on the applicable register register, unless otherwise directed in writing by the Holder or, in otherwise directs. In the case of registered joint Holders, the cheque or other such transfer of funds shall be payable or issued to the order of all such joint Holders and addressed to one of them at the last address or account appearing on the register, as the case may be, unless such joint Holders otherwise direct. If more than one address or account appears on the register in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding respect of such joint Holders, the cheque or other such transfer of funds, as the case may be, shall satisfy and discharge be mailed or delivered, as the liability for the interest on such Definitive Note case may be, to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payablefirst address or account so appearing. In the event of the non-receipt of such cheque by the applicable Holder of any cheque or the loss, theft or destruction thereoffunds for interest, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or Company will cause to be issued to such the Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic such replacement transfer to an account maintained by of funds for like amount upon being furnished with such Holder or in any other manner acceptable to the Trustee. If payment evidence of interest is made by cheque, the Issuer shall transfer funds to non-receipt as it and the Trustee in order that such cheque shall be forwarded at least three Business Days prior reasonably require and upon the Company and the Trustee being indemnified to the applicable Interest Payment Dateits satisfaction, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Dateacting reasonably. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to Company may extend the payment of interest will satisfy by extending the Interest Payment Date in accordance with Section 2.4 and discharge the liability of the Issuer in respect of the shall be deemed to so defer whenever it fails to pay interest then due on such Global Note to the extent of the amount transferredunder paragraph (a) or (c). (c) Notwithstanding Sections 2.16(a) and (b)The Company may, all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time its discretion, elect to time pay any interest, including Deferred Interest, by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSmaking a Share Payment Election in accordance with Section 2.6.

Appears in 1 contract

Sources: Note Indenture (Timberwest Forest Corp)

Payment of Interest. The interest so payable, and punctually paid or made available for payment, on any Interest Payment Date, will, as provided in the Indenture, be paid, in immediately available funds, to the Person in whose name this Debenture (aor one or more Predecessor Securities) The Issuer shall pay the interest due upon the principal amount of each Definitive Note (except interest payable on Maturity or redemption of a Definitive Note which, is registered at the option close of business May 15 or November 15 (whether or not a Business Day, as defined in the IssuerIndenture), as the case may be, next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not punctually paid or duly provided for ("Defaulted Interest") will forthwith cease to be payable to the Holder on such Regular Record Date, and such Defaulted Interest, may be paid only upon presentation to the Person in whose name this Debenture (or one or more Predecessor Securities) is registered at the close of business on a special record date (the "Special Record Date") for the payment of such Definitive Note for payment) by forwarding or causing Defaulted Interest to be forwarded fixed by prepaid ordinary mail (the Trustee, notice whereof shall be given to Holders of Debentures not less than ten days prior to such Special Record Date, or may be paid at any time in any other lawful manner not inconsistent with requirements of any securities exchange on which the event of mail service interruptionDebentures may be listed, and upon such notice as may be required by such other means exchange, all as more fully provided in said Indenture. If the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder principal amount hereof or any portion of such Definitive Note on principal amount is not paid when due (whether upon acceleration pursuant to Section 502 of the Record Date Indenture, upon the date set for each applicable Interest Payment Date payment of the Redemption Price as described under "Optional Redemption," upon the date set for payment of the Change of Control Purchase Price pursuant to "Purchase of Debentures at Option of Holder Upon a Change of Control," upon the date set for payment of the Purchase Price under "Purchase by the Company at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each Option of the places at which interest Holder" or upon the Stated Maturity of this Debenture or otherwise) or any interest, including contingent interest, if any, on any Debenture is not paid when due, then in each such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge case the liability for the interest on such Definitive Note overdue amount shall, to the extent permitted by law, bear interest at the rate of 1.75% per annum, compounded semi-annually, which interest shall accrue from the sum represented thereby unless date of such cheque is not paid on presentation at any overdue amount was originally due to the date of the places at which payment of such amount, including interest thereon, has been made or duly provided for. All such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment payable on or prior to the applicable Interest Payment Datedemand. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Second Supplemental Indenture (Quest Diagnostics Inc)

Payment of Interest. (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note (except on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail mail, electronic transfer of funds or such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the Holder of such Note appearing on the registers maintained by the Trustee at the close of business on the fifth Business Day (or if the Note ceases to be represented by a Global Certificate, then the tenth Business Day) prior to the applicable Interest Payment Date and addressed to the Holder at the Holder's last address appearing on the register (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint Holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeotherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the date such interest on such Note becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Note, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, by 11:00 a.m. (Calgary time) at least one Business Day prior to each Interest Payment Date or to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon the principal amount of each Notes or any portion thereof are represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Certificate, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Certificate shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of the applicable Interest Payment Date. The transfer of funds by interests in that Global Certificate, unless the Issuer to and the Depository otherwise agree. None of the Issuer, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Note represented by a Global Certificate will be liable or responsible to any Person for any aspect of the interest then due records related to or payments made on account of beneficial interests in any Global Certificate or for maintaining, reviewing, or supervising any records relating to such Global Note to the extent of the amount transferredbeneficial interests. (c) Notwithstanding Sections 2.16(athe foregoing, (i) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Issuer shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 2.14(c) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Trustee shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (Perpetual Energy Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.3(a) or elsewhere in this Indenture or specified in a Board Resolution, an Officer’s Certificate or a supplemental indenture relating to the Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly (which shall be confirmed by forwarding the Corporation by Officer's Certificate pursuant to Section 2.3(c)), or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward a cheque by prepaid ordinary mail mail, wire, electronic transfer of funds or such other means as may be agreed to by the Trustee and the delivery of the Shares pursuant to Section 2.3(c), payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and the delivery at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event case of mail service interruptionjoint holders, by to such other means as address of one of the joint holders), unless such holder otherwise directs in writing to the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeadvance. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as wire or electronic transfer of funds, provided the Trustee must receive confirmation of its receipt of funds prior to being required to electronically transfer funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non- receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, at least on or before 11:00 am (Vancouver time) one Business Day prior to each Interest Payment Date or prior to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by wire or electronic transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. The Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. (b) The Issuer shall pay Notwithstanding the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b)foregoing, all payments made under this Sections 2.16 in excess of $C$25 million to a Debentureholder (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. (c) The Trustee shall have no obligation to disburse funds pursuant to this Section 2.10 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Notes of each series, except as otherwise specified in a Supplemental Indenture relating to a particular series of Notes (and, in the case of the 2026 Notes, Article 3): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive fully registered Note (except on redemption thereof, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail mail, electronic transfer of funds or such other means as may be agreed to by the Trustee, payment of such interest including any Additional Amounts (less any Taxes required by law to be deducted or withheld therefrom) to the order of the Holder of such Note at the close of business on the Record Date prior to the applicable Interest Payment Date and addressed to the Holder at the Holder’s last address appearing on the register (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint Holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeotherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days two days prior to the applicable each Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any Taxes deducted or withheld as aforesaid, satisfy and discharge all liability for interest including any Additional Amounts on such Note to such extent, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer shall issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on any Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, by 11:00 a.m. (Vancouver time) at least one Business Day prior to the applicable related Interest Payment DateDate for a Note or to the date of mailing the cheques for the interest due on such Interest Payment Date for such Note, whichever is earlier, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon Notes of any series or any portion thereof are issued in the principal amount form of each or represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Note, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on such Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto TimeVancouver time) on the at least one Business Day prior to the related Interest Payment DateDate by electronic funds transfer made payable to the Trustee for subsequent payment to the Depository on behalf of the Beneficial Holders of the applicable interests in that Global Note, unless the Issuer, Issuer and the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a2.15(a) and (b2.15(b), all payments made under this Sections 2.16 in excess of $25 million 25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. Neither the Trustee nor Paying Agent, as applicable, shall have any obligation to disburse funds in respect of any Note pursuant to Section 2.15(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date for such Note. The Trustee or Paying Agent, as applicable, shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (Curaleaf Holdings, Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(b), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the applicable record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Debenture Indenture

Payment of Interest. ‌ The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(3) or specified in a resolution of the Board of Directors, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(3), or at maturity or redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers‌ maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded to Debentureholders at least three Business Days prior to each date on which interest becomes due (provided the Trustee has received applicable funding) and if payment is made by other means (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds at least one Business Day prior to the applicable Interest Payment Date, and if payment is made in any other manner), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures or any portion thereof is represented by a Global Note by wire Debenture or other electronic funds transfer by the Issuer either (i) to the Trustee (and Book Based Only Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture or Book Based Only Debenture, as the case may be, shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository wire transfer made payable (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Timei) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Global Debenture or Book Based Only Debenture, unless the Corporation and the Depository otherwise agree or (ii) if the Corporation wishes to have the Trustee act as interest paying agent, to the Trustee by no later than the second Business Day prior to the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture or Book Based Only Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or Book Based Only Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(c), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Anderson Energy LTD)

Payment of Interest. (a) The Issuer Subject to Section 2.14(b), except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures or specified in a resolution of the Board of Directors, on behalf of the Corporation, either directly or through the Trustee or any agent of the Trustee, on the date the Interest Obligation is payable under the Indenture the Corporation shall pay and satisfy the interest due upon the principal amount of each Definitive Note applicable Interest Obligation and: (except interest payable on Maturity i) shall send or redemption of a Definitive Note which, at the option of the Issuer, may be paid only upon presentation of such Definitive Note for payment) by forwarding or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any taxes required to be deducted in accordance with Section 2.15) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee at the close of business on the sixth Business Day prior to each Interest Payment Date, and the Issuer determine to be appropriate) a if by cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque holder otherwise directs. Provided the Trustee is not paid on presentation at any of the places at which such interest is payable. In the event of the non-in receipt of such cheque by funds from the applicable Holder or the lossCorporation prior to making any payment, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If if payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository Notwithstanding Section 2.14(b), if a series of Debentures is represented by one or its nomineemore Global Debentures or Book Based Only Debentures, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the then all payments of interest on the Global Notes Debentures or Book Based Only Debentures shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of interests in the applicable Global Debenture or Book Based Only Debenture, unless the Corporation and the Depository otherwise agree. None of the Corporation, the Trustee or any agent of the Trustee for any Debenture issued as a Global Debenture or Book Based Only Debenture will be liable or responsible to any person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or Book Based Only Debenture or for maintaining, reviewing, or supervising any records relating to such beneficial interests. (iii) If payment is made through the Trustee, by 9:00 a.m. (Vancouver) at least four Business Days prior to the related Interest Payment Date for a Debenture or to the date of mailing the cheques for the interest due on such Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. (iv) The Trustee is authorized by the Corporation to make payments of interest, premium (if any) and principal to holders, by electronic funds transfer, upon the request of such holder and the Trustee's fees payable in respect thereof will be for the account of the Corporation. (b) Notwithstanding Section 2.14(a) and subject to any additional provisions of this Indenture permitting the payment and satisfaction of any Interest Obligation in Shares, the Corporation may at its option, subject to any required regulatory approval and provided that no Event of Default has occurred and is continuing, satisfy its obligation to pay all or any part of the Interest Obligation by: (i) in respect of Interest Obligations to be paid on the Interest Payment Date, at the Corporation’s option by: (A) delivering to holders on the Interest Payment Date of Debentures that number of Freely Tradable Shares obtained by dividing the accrued and unpaid interest by the Interest Payment Date VWAP. The Corporation shall deliver to the Trustee written notice of such desire to issue Freely Tradeable Shares not less than 10 Business Days prior to the Interest Payment Date or such earlier time as the Trustee, acting reasonably, may in writing request; or (B) delivering a sufficient number of Shares to the Trustee to satisfy all or any part, as the case may be, of the applicable Interest Obligation (the “Common Share Interest Payment Election”). The Corporation shall deliver to the Trustee written notice of such Common Share Interest Election not less than 20 Business Days prior to the Interest Payment Date. Upon receipt of a Common Share Interest Payment Election, the Trustee shall, in accordance with this Section 2.14(b)(i)(B): (1) notwithstanding anything contrary in this Indenture, for the purposes of this Section 2.14(b)(i)(B), act as agent of the Corporation solely for purposes of settling the sale of the Shares to those investment banks, brokers or dealers designated by the Corporation and at the price agreed to between the Corporation and such investment banks, brokers or dealers (which may be the market price from time to time or based thereon), for paying proceeds therefrom in satisfaction of the Interest Obligation and to take such additional actions as the Corporation, acting reasonably, may in writing request. In connection with the Common Share Interest Payment Election, the Trustee shall have the power to: 1. accept delivery of the Shares from the Corporation and process the Shares in accordance with the Common Share Interest Payment Election and this Section 2.14(b)(i)(B); 2. settle the sale of such Shares, on behalf of the Corporation, as the Corporation shall direct in its absolute discretion through delivery of such Shares to the investment banks, brokers or dealers identified by the Corporation in the Common Share Interest Payment Election and at the price identified therein (which may be the market price from time to time or based thereon); 3. at the written direction of the Authorized Officers and subject to any required regulatory approval, settle the sale of such Shares through delivery of such Shares, as the Authorized Officers shall direct in writing and at the price specified (which may be the market price from time to time or based thereon), over the facilities of the Exchange or otherwise; 4. hold the proceeds of such sales with an Approved Bank in accordance with Section 17.9; 5. use such proceeds from the sale of Shares to pay the Interest Obligation in respect of which the Common Share Interest Payment Election was made; 6. deliver proceeds to holders of Debentures to satisfy all or a portion of the Corporation’s Interest Obligations and tax obligations, as directed by the Corporation in the Common Share Interest Payment Election or at the written direction of the Authorized Officer; and 7. perform any other action necessarily incidental thereto; (2) The Corporation covenants that each Share Bid Request shall provide that the acceptance of any bid by the Corporation is conditional on the acceptance of, sufficient bids to result in aggregate proceeds from such issue and sale of Shares which, together with the cash payments to be made by the Corporation in lieu of fractional Shares, if any, equal the Interest Obligation on the applicable Interest Payment Date. The transfer Trustee will be the agent of funds the Corporation solely for purposes of settling the sale of the Shares to those investment banks, brokers or dealers designated by the Issuer Corporation and at the price agreed to between the Corporation and such investment banks, brokers or dealers (which may be the market price from time to time or based thereon), paying proceeds therefrom in satisfaction of the Interest Obligation and to take such additional actions as the Corporation, acting reasonably, may in writing request; (3) The Share Interest Payment Election shall provide for, and all bids shall be subject to, the right of the Corporation, by delivering written notice to the Trustee or at any time prior to the Depository Share Delivery Date, to withdraw the Common Share Interest Payment Election (or its nomineewhich shall have the effect of withdrawing each related Share Bid Request), as applicablewhereupon, with respect subject to the payment of interest will satisfy and discharge Subordination Agreement, the liability of Corporation shall be obliged to pay in cash the Issuer Interest Obligation in respect of which the Common Share Interest Payment has been delivered; (4) Neither the Corporation’s making of the Common Share Interest Payment nor the consummation of sales Shares will: 1. result in the Debentureholders not being entitled to receive on the applicable Interest Payment Date cash in an aggregate amount equal to the interest then due payable on the applicable Debentures on such Global Note Interest Payment Date; or 2. entitle such holders to receive any Shares in satisfaction of the Interest Obligation; (5) The Corporation covenants that the aggregate proceeds of all sales of Shares resulting from the acceptance of any bid or bids for Shares, together with the amount of any cash payment by the Corporation including any payment in lieu of any fractional Shares, if any, on the Share Delivery Date, must be not less than the related Common Share Interest Payment Election Amount in connection with any bids so accepted. The Corporation and the applicable bidders shall, not later than the Share Delivery Date, enter into Share Purchase Agreements and shall comply with all Applicable Securities Legislation, including the securities rules and regulations of any stock exchange or quotation system on which the Debentures or Shares are then listed. The Corporation shall pay all fees and expenses in connection with the Share Purchase Agreements including the fees and commissions charged by the investment banks, brokers and dealers and the fees and expenses of the Trustee; (6) Provided that: 1. all conditions specified in each Share Purchase Agreement to the extent closing of all sales thereunder have been satisfied or waived, other than the delivery of the Shares to be sold thereunder against payment of the purchase price thereof; and 2. the purchasers under each Share Purchase Agreement shall be ready, willing and able to perform thereunder, in each case on or prior to the applicable settlement date, the Corporation shall, on the Share Delivery Date, deliver to the Trustee the Shares, including with the applicable legend, to be sold on such applicable settlement date, an amount transferredin cash equal to the value of any fractional Shares, if any, and an Officer’s Certificate to the effect that all conditions precedent to such sales, including those set forth in this Indenture and in each Share Purchase Agreement, have been satisfied or waived, and the Trustee shall rely on such Officer’s Certificate without further investigation. Upon such deliveries, the Trustee shall use its commercially reasonable efforts to consummate such sales on the applicable settlement date and, subject to the Subordination Agreement, shall deliver the Shares to such purchasers against payment to the Trustee in immediately available funds of the purchase price therefor in an aggregate amount equal to the Common Share Interest Payment Election Amount as directed in the Common Share Interest Payment Election or in the written direction from an Authorized Officer (less any amount attributable to any fractional Shares, if any); (7) Neither the making of a Common Share Payment Election nor the consummation of sales of Shares shall: (x) result in the holders of the Debentures not being entitled to receive on the applicable Interest Payment Date cash in an aggregate amount equal to the Interest Obligation payable on such date; or (y) entitle or require such holders to receive any Shares in satisfaction of such Interest Obligation; and (8) The Trustee shall have no liability for the value of the proceeds received for the sale of the Shares nor shall it be required to exercise any discretion in the performance of its duties hereunder; and (ii) except as otherwise provided in this Indenture, in respect of Interest Obligations to be paid on any day other than on an Interest Payment Date, delivering to holders on the applicable date that number of Freely Tradable Shares obtained by dividing the accrued and unpaid interest by the Alternative Interest Payment Date VWAP. (c) Notwithstanding Sections 2.16(aIn connection with the delivery of Shares pursuant to Section 2.14(b)(i)(A) and (bor 2.14(b)(ii), all payments made under this Sections 2.16 in excess as applicable: (i) the Corporation shall deposit with the Trustee or any paying agent to the order of $25 million the Trustee, on or before 9:00 a.m. (Vancouver) four days immediately prior to the date of delivery of such Shares contemplated by Section 2.14(b)(i)(A), certificates or book entry system customer confirmations representing such other amount Shares as determined from time may be sufficient to time pay the Interest Obligation. The Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Canadian Payments Association or any successor thereto) Trustee in connection with such payment. Every such deposit shall be made irrevocable. From the certificates or book entry system customer confirmations so deposited, the Trustee shall issue or cause to be issued, to the holders of such Debentures the applicable Interest Obligation to which they are respectively entitled on such date (less any taxes required to be deducted in accordance with Section 2.15); (ii) each certificate or book entry system customer confirmation representing Shares issued pursuant to Section 2.14(b), as well as all certificates or book entry system customer confirmations issued in exchange for or in substitution of the foregoing securities, shall have imprinted or otherwise reproduced thereon such legend or legends not inconsistent with the provisions of the Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto or with any rules or regulations of any securities exchange or securities regulatory authority or to conform with general usage, all as may be determined by the use Corporation or Corporation’s counsel, as conclusively evidenced by the issue of such certificates or book entry system customer confirmations with any legends as authorized per written order of the LVTS.Corporation; (iii) the Trustee shall have received an Officer’s Certificate stating that any required regulatory approval has been obtained and setting forth the number of Shares to be delivered for each $1,000 principal amount of Debentures and the Alternative Interest Payment Date VWAP or the Interest Payment Date VWAP, as the case may be; and (iv) the Trustee shall have received an opinion of Counsel to the effect that: (A) the Corporation shall be a reporting issuer or the equivalent in good standing under Applicable Securities Legislation where the distribution of such Freely Tradable Shares occurs, relying exclusively on certificates of good standing or on a list of issuers in default issued or maintained by the relevant securities authorities, except that such opinion need not be expressed with respect to those provinces where such certificates are not issued or lists are not maintained; (B) such Shares have been duly authorized and, when i

Appears in 1 contract

Sources: First Supplemental Convertible Debenture Indenture (Mogo Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.3(a) or elsewhere in this Indenture or specified in a Board Resolution, an Officer's Certificate or a supplemental indenture relating to the Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly (which shall be confirmed by forwarding the Corporation by Officer's Certificate pursuant to Section 2.3(c)), or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward a cheque by prepaid ordinary mail mail, wire, electronic transfer of funds or such other means as may be agreed to by the Trustee and, if applicable, deliver the Shares, pursuant to Section 2.3(c), in payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee as at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the register (or in the event case of mail service interruptionjoint holders, by to such other means as address of one of the joint holders), unless such holder otherwise directs in writing to the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeadvance. If cash payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as wire or electronic transfer of funds, such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the Interest Payment Date. If payment is made through the Trustee, at least on or before 11:00 am (Vancouver time) one Business Day prior to each Interest Payment Date or prior to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by wire transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. The Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b)foregoing, all payments made under this Sections 2.16 in excess of $C$25 million to a Debentureholder (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. (c) The Trustee shall have no obligation to disburse funds pursuant to this Section 2.10 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (NexGen Energy Ltd.)

Payment of Interest. The following provisions shall apply to the Debentures, except as otherwise provided in Section 2.3(a) and Section 2.3(b) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture: (a) The Issuer shall pay the Subject to Section 5.4(c), as interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.3, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date record date set forth for each the Debentures in respect of the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee, acting reasonably, with the same effect as though payment had been made in the manner provided above. On or prior to 11:00 a.m. Eastern time on the applicable Business Day prior to the earlier of: (i) any Interest Payment Date, or (ii) the day cheques are required to be mailed in accordance with this Section 2.14, the Corporation shall deposit with the Trustee money sufficient to pay the full amount due on the relevant Interest Payment Date. (b) The Issuer Subject to Section 5.4(c), all payments of interest in cash on the Uncertificated Debentures shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment Date. The transfer of funds by Uncertificated Debentures, unless the Issuer to the Trustee or to Corporation and the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.otherwise agree.‌‌‌

Appears in 1 contract

Sources: Debenture Indenture

Payment of Interest. The following provisions shall apply to any series of Debentures, except as otherwise provided in Section 2.4(b), Section 2.4(c), Section 2.4(d) or specified in a resolution of the directors of the Company, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption or repurchase, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Company, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the third Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder (or, in the case of joint holders to the registered joint Holders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of date such interest on Global Notes shall be transferred by the Issuer to the Trustee such Debenture becomes due. The mailing of such cheque or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Company will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (cincluding, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Company may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Debenture Trustee, at least one Business Day prior to each Interest Payment Date or the date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Company shall deliver sufficient funds to the Debenture Trustee by electronic transfer or make such other arrangements for the provision of funds as may be agreeable between the Debenture Trustee and the Company in order to effect such interest payment hereunder. The Debenture Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. Notwithstanding Sections 2.16(a) and (b)the foregoing, all payments made under this Sections 2.16 in excess of $25 million in Canadian dollars (or such other amount as determined from time to time by the Canadian Payments Association or any successor theretoAssociation) shall be made by the use of the LVTS. The Debenture Trustee shall have no obligation to disburse funds pursuant to this Section 2.15(a) until it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Debenture Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn. (b) Notwithstanding Section 2.15(a), if a series of Debentures is represented by a Global Debenture, then all payments of interest on the Global Debenture shall be made by electronic funds transfer to the Depository or its nominee for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the Company and the Depository otherwise agree. None of the Company, the Debenture Trustee or any agent of the Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or for maintaining, reviewing, or supervising any records relating to such beneficial interests.

Appears in 1 contract

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

Payment of Interest. The following provisions shall apply to Notes of each series, except as otherwise specified in a Supplemental Indenture relating to a particular series of Notes (and, in the case of the Unit Notes or Coupon Notes, Article 3): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive fully registered Note (except on redemption thereof, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Trustee, payment of such interest including any Additional Amounts (less any Taxes required by law to be appropriatededucted or withheld therefrom) a cheque for such interest payable to the Holder Holders of such Definitive Note record on the Record Date for each immediately preceding the applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the TrusteeDate. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days two days prior to the applicable each Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any Taxes deducted or withheld as aforesaid, satisfy and discharge all liability for interest including any Additional Amounts on such Note to such extent, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer shall issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on any Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, by 11:00 a.m. (Toronto time) at least one Business Day prior to the applicable related Interest Payment DateDate for a Note or to the date of mailing the cheques for the interest due on such Interest Payment Date for such Note, whichever is earlier, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon Notes of any series or any portion thereof are issued in the principal amount form of each or represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Note, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on such Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Timetime) on the at least one Business Day prior to the related Interest Payment DateDate by electronic funds transfer made payable to the Trustee for subsequent payment to the Depository on behalf of the Beneficial Holders of the applicable interests in that Global Note, unless the Issuer, Issuer and the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a2.14(a) and (b2.14(b), all payments made under this Sections 2.16 in excess of $25 million 25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. Neither the Trustee nor Paying Agent, as applicable, shall have any obligation to disburse funds in respect of any Note pursuant to Section 2.14(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date for such Note. The Trustee or Paying Agent, as applicable, shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (Harvest Health & Recreation Inc.)

Payment of Interest. The following provisions shall apply to Notes of each series, except as otherwise specified in a Supplemental Indenture relating to a particular series of Notes (and, in the case of the 2029 Notes, Article 3): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note (except on redemption thereof, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail mail, electronic transfer of funds or such other means as may be agreed to by the Trustee, payment of such interest including any Additional Amounts (less any Taxes required by law to be deducted or withheld therefrom) to the order of the Holder of such Note at the close of business on the Record Date prior to the applicable Interest Payment Date and addressed to the Holder at the Holder’s last address appearing on the register (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint Holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeotherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days two days prior to the applicable each Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any Taxes deducted or withheld as aforesaid, satisfy and discharge all liability for interest including any Additional Amounts on such Note to such extent, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer shall issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on any Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, by 11:00 a.m. (Toronto time) at least one Business Day prior to the applicable related Interest Payment DateDate for a Note or to the date of mailing the cheques for the interest due on such Interest Payment Date for such Note, whichever is earlier, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon Notes of any series or any portion thereof are issued in the principal amount form of each or represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Note, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on such Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Timetime) on the at least one Business Day prior to the related Interest Payment DateDate by electronic funds transfer made payable to the Trustee for subsequent payment to the Depository on behalf of the Beneficial Holders of the applicable interests in that Global Note, unless the Issuer, Issuer and the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a2.15(a) and (b2.15(b), all payments made under this Sections 2.16 in excess of $25 million 25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. Neither the Trustee nor Paying Agent, as applicable, shall have any obligation to disburse funds in respect of any Note pursuant to Section 2.15(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date for such Note. The Trustee or Paying Agent, as applicable, shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (Ascend Wellness Holdings, Inc.)

Payment of Interest. (a) The Issuer shall pay the Except as otherwise provided in a supplemental indenture relating to Additional Debentures, as interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Friday Night be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding Friday Night, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the seventh Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to each date on which interest becomes due (provided the applicable Interest Payment Date, Debenture Trustee must receive confirmation of receipt of funds prior to being able to release cheques to holders) and if payment is made in any by other mannermeans (such as the wire of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of date such interest on Global Notes shall be transferred by the Issuer to the Trustee such Debenture becomes due. The mailing of such cheque or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. (c) Notwithstanding Sections 2.16(a) of any tax withheld as aforesaid, satisfy and (b)discharge all liability for interest on such Debenture, all payments made under this Sections 2.16 unless in excess the case of $25 million (payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or such other amount as determined from time to time payment of interest by the Canadian Payments Association person to whom it is so sent as aforesaid, Friday Night will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non- receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if Friday Night is prevented by circumstances beyond its control (including, without limitation, any successor theretointerruption in mail service) shall be from making payment of any interest due on each Debenture in the manner provided above, Friday Night may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. In the event that deduction or withholding on account of taxes is required by law or administrative practice by the use relevant government authority, Friday Night will promptly notify the Debentureholders of such requirement and Friday Night shall co-operate with the LVTSDebentureholders with a view to determining the availability to Debentureholders of any reduced rate of withholding under the terms of a relevant tax treaty.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.3(a) or elsewhere in this Indenture or specified in a Board Resolution, an Officer’s Certificate or a supplemental indenture relating to the Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly (which shall be confirmed by forwarding the Corporation by Officer’s Certificate pursuant to Section 2.3(c)), or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward a cheque by prepaid ordinary mail mail, wire, electronic transfer of funds or such other means as may be agreed to by the Trustee and the delivery of the Shares pursuant to Section 2.3(c), payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and the delivery at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event case of mail service interruptionjoint holders, by to such other means as address of one of the joint holders), unless such holder otherwise directs in writing to the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeadvance. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as wire or electronic transfer of funds, provided the Trustee must receive confirmation of its receipt of funds prior to being required to electronically transfer funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, at least on or before 11:00 am (Vancouver time) one Business Day prior to each Interest Payment Date or prior to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by wire or electronic transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. The Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. (b) The Issuer shall pay Notwithstanding the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b)foregoing, all payments made under this Sections 2.16 in excess of $C$25 million to a Debentureholder (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. (c) The Trustee shall have no obligation to disburse funds pursuant to this Section 2.10 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (NexGen Energy Ltd.)

Payment of Interest. (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive fully registered Note (except on redemption thereof, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail mail, electronic transfer of funds or such other means as may be agreed to by the Trustee, payment of such interest including any Additional Amounts (less any taxes required by law to be deducted or withheld therefrom) to the order of the Holder of such Note at the close of business on the Record Date prior to the applicable Interest Payment Date and addressed to the Holder at the Holder’s last address appearing on the register (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint Holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeotherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days two days prior to the applicable each Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or prior the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any taxes deducted or withheld as aforesaid, satisfy and discharge all liability for interest including any Additional Amounts on such Note to such extent, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer shall issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on any Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer on the applicable Interest Payment Date, or on the date of mailing the certified cheques for the interest due on such Interest Payment Date, in each case by 9:00 a.m. (Toronto time), or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon Notes or any portion thereof are issued in the principal amount form of each or represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Note, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on such Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 9:00 a.m. (Toronto Timetime) on the Business Day prior to the applicable Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the Date by electronic funds are transferred to the Trustee, the Trustee shall pay such funds transfer made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of the applicable Interest Payment Date. The transfer of funds by interests in that Global Note, unless the Issuer to the Trustee or to and the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred.otherwise agree.‌‌ (c) Notwithstanding Sections 2.16(a2.18(a) and (b2.18(b), all payments made under this Sections 2.16 in excess of $25 million 25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. The Trustee or Paying Agent, as applicable, shall have no obligation to disburse funds in respect of any Note pursuant to Section 2.18(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date for such Note. The Trustee or Paying Agent, as applicable, shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or elsewhere in this Indenture or specified in a resolution of the directors of the Corporation, Officer’s Certificate or supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly or through the Trustee or any agent of the Trustee, shall send or forward by forwarding electronic transfer of funds (if agreed by the Debentureholder and authorized and directed by a Written Direction of the Corporation), by cheque dated the Interest Payment Date or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom pursuant to Section 7.8) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date for each 15th day of the month in which the applicable Interest Payment Date at the address appearing occurs (or, if such 15th day is not a Business Day, on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all first Business Day following such joint Holders 15th day) such dates being June 15 and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable December 15 in respect of interest to be paid to the Initial Debentures (each a Holder by wire or other electronic transfer to an account maintained by “Record Date”), unless such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three dated the Interest Payment Date and mailed on or before the 5th Business Days prior to Day preceding the applicable Interest Payment Date to the address of the holder appearing in the register maintained by the Trustee at the close of business on the Record Date, and if . If payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest then due on such Debenture, unless in the case of payment by cheque, such cheque be not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for the same amount upon being furnished with such evidence of nonreceipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made by the Trustee, by 11:00 a.m. (Toronto time) on the Business Day immediately prior to each Interest Payment Date or by the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provisions of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. (b) The Issuer Notwithstanding Section 2.14(a), if a series of Debentures is represented by a Global Debenture, then all payments of interest on the Global Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either 11:00 a.m. (iToronto time) to the Trustee (and then by the Trustee on such Interest Payment Date to the Depository or its nominee) or (ii) directly nominee for subsequent payment to the Depository or its nomineeholders of interests in that Global Debenture, unless the IssuerCorporation and the Depository otherwise agree. None of the Corporation, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments or any agent of interest on Global Notes shall be transferred by the Issuer to the Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the Depository records related to or payments made on account of beneficial interests in any Global Debenture or for maintaining, reviewing, or supervising any records relating to such beneficial interests. (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. c) The Trustee shall disburse such interest payments only upon receiving the required funds from the Corporation. (Toronto Timed) on the Business Day Not less than 24 hours prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee Corporation shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer forward to the Trustee or a Written Direction of the Corporation specifying payments to be made. The Trustee shall not be responsible for calculating the Depository (or its nominee), as applicable, with respect to the payment amount of interest will satisfy owing and discharge shall be entitled to rely absolutely on the liability Written Direction of the Issuer in respect of Corporation specifying the interest then due on such Global Note payments to the extent of the amount transferredbe made. (ce) Notwithstanding Sections 2.16(athe foregoing, (i) and (b), all payments made under this Sections 2.16 in excess of $25 million to a holder other than the Depository (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, such payment shall be made by LVTS and the Corporation shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 2.14 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Indenture (Kirkland Lake Gold Ltd.)

Payment of Interest. (a) The Issuer Subject to subsections (b) and (c) below, (and except at maturity, when interest shall pay the interest due be paid upon the principal amount surrender of each Definitive Note (except interest payable on Maturity or redemption any series of a Definitive Note whichNotes for payment), the Corporation shall, at the option of the Issuer, may be paid only upon presentation least three days prior to each Interest Payment Date in respect of such Definitive Note for payment) by forwarding or causing series of Notes, cause to be forwarded sent by prepaid ordinary mail (to each Holder a cheque or in the event by other transfer of mail service interruption, funds by such other means as may be considered appropriate by the Trustee and for the Issuer determine amount of interest to be appropriatepaid on the Interest Payment Date (less any Canadian Taxes required by law to be withheld or deducted therefrom) a cheque for such interest payable to the order of the Holder of such Definitive Note on and addressed to it at its last address or account, as the Record Date for each applicable Interest Payment Date at the address case may be, appearing on the applicable register register, unless otherwise directed in writing by the Holder or, in otherwise directs. In the case of registered joint Holders, the cheque or other such transfer of funds shall be payable or issued to the order of all such joint Holders and addressed to one of them at the last address or account appearing on the register, as the case may be, unless such joint Holders otherwise direct. If more than one address or account appears on the register in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding respect of such joint Holders, the cheque or other such transfer of funds, as the case may be, shall satisfy and discharge be mailed or delivered, as the liability for the interest on such Definitive Note case may be, to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payablefirst address or account so appearing. In the event of the non-receipt of such cheque by the applicable Holder of any cheque or the loss, theft or destruction thereoffunds for interest, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or Corporation will cause to be issued to such the Holder a replacement cheque or other such replacement transfer of funds for like amount upon being furnished with such evidence of non-receipt as it and the amount Trustee shall reasonably require and upon the Corporation and the Trustee being indemnified to its satisfaction, acting reasonably. Concurrent with the mailing of such cheque. Notwithstanding the foregoingfunds to each Holder, the Issuer, at its option, may cause the amount payable in respect Corporation shall provide evidence of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable payment to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to Corporation may extend the payment of interest will satisfy by extending the Interest Payment Date in accordance with section 2.4 and discharge the liability of the Issuer in respect of the shall be deemed to so defer whenever it fails to pay interest then due on such Global Note to the extent of the amount transferredunder subsection (a) or (c). (c) Notwithstanding Sections 2.16(a) and (b)The Corporation may, all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time its discretion, elect to time pay any interest, including Deferred Interest, by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSmaking a Share Payment Election in accordance with section 2.6.

Appears in 1 contract

Sources: Note Indenture (Enterra Energy Trust)

Payment of Interest. (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.2(3), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Dateeach date on which interest becomes due, and if payment is made by other means (such as electronic transfer of funds), the Trustee must receive confirmation of receipt of funds by wire at least three Business Days in any other manner, advance prior to being able to forward funds or cheques to holders and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes the Uncertificated Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateUncertificated Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Secured Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the Directors, a Certificate of the Company or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Company, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by chequecheque or by other means such as electronic transfer of funds, provided the Issuer shall transfer Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to the Trustee in order that holders, such cheque payment shall be forwarded at least three Business Days prior to each date on which interest becomes due. The mailing of such cheque or the applicable Interest Payment Datemaking of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Company or the Debenture Trustee will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being funded and indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment is made of any interest due on each Debenture in the manner provided above, the Company may make payment of such interest or make such interest available for payment in any other manner, such manner acceptable to the Debenture Trustee with the same effect as though payment shall be had been made in a the manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Dateprovided above. (b) The Issuer Notwithstanding Section 2.13(a), if a series of Debentures is represented by a Global Debenture, then all payments of interest on the Global Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (iwire) to the Debenture Trustee (and then by the Trustee to the Depository or its nominee) any paying agent, or (ii) directly cheque made payable to the Depository or its nominee, for subsequent payment (less applicable withholding taxes, if any) to Beneficial Holders of interests in that Global Debenture prior to the day interest is payable, unless the Issuer, Company and the Depository otherwise agree (upon prior written notice to the Debenture Trustee and/or and any such paying agent). If payment is made by the Company directly to the Depository, then the Company shall provide written confirmation of such payment to the Debenture Trustee immediately thereafter. None of the Company, the Debenture Trustee or any agent of the Debenture Trustee for any Debenture issued as applicablea Global Debenture will be liable or responsible to any person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or for maintaining, otherwise agreereviewing, or supervising any records relating to such beneficial interests. Such funds as are required for the All payments of interest on Global Notes shall to be transferred made by the Issuer Debenture Trustee are subject to the Trustee or the Depository Section 13.10 hereunder. (or its nomineec) Notwithstanding Section 2.13(a), as applicablethe Company may, subject to regulatory approval, applicable law (including Applicable Securities Laws) and the terms of the Senior Indebtedness, elect (the “PIK Election”), in lieu of paying interest in cash, to satisfy all or any portion of its Interest Obligation payable on an Interest Payment Date by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) issuing to each Debentureholder appearing on the registers maintained by the Debenture Trustee at the close of business on the last Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer Date such principal amount of funds PIK Debentures equal to the amount of the Interest Obligation to be satisfied by the Issuer issuance of PIK Debentures (less any tax required by law to be deducted, if any), which amount will be rounded down to the Trustee nearest multiple of $100, and delivering to each Debentureholder, in the same manner as contemplated in Section 2.13(a) or to the Depository (or its nominee2.13(b), as applicable, with respect to the payment of interest, the certificate representing such PIK Debentures. No fractional PIK Debentures shall be delivered to the registered holders hereof upon a PIK Election to issue and deliver PIK Debentures in satisfaction of the Interest Obligation, however holders will receive a cash payment in respect of any fractional interest in PIK Debentures. The Company will make a PIK Election by delivering written notice (the “PIK Election Notice”) to the Debenture Trustee and the TSX, at least ten Business Days prior to the Interest Payment Date. The PIK Election Notice will include a calculation of the amount of the Interest Obligation due upon the Interest Payment Date and the principal amount of PIK Debentures to be issued and delivered to the Debentureholders in accordance with this Section 2.13(c). (d) The PIK Debentures issued to the holders of the Debentures in accordance with Section 2.13(c) will be subject to the terms of the Indenture and unless otherwise specified in an indenture supplemental hereto, will have the same terms and conditions as the Debentures in respect of which the PIK Debentures are issued. (e) Each Debentureholder agrees to advance to the Company an amount equal to the Interest Obligation to be satisfied by the issuance of the PIK Debentures (the “Advance”) and each Debentureholder and the Company agree that the delivery of the PIK Debentures to the Debenture Trustee in accordance with this Section 2.13 will satisfy and discharge the liability of the Issuer in respect Company for any Interest Obligation payable on the applicable Interest Payment Date that is related to the delivery of such PIK Debentures and will satisfy the liability of the interest then due on such Global Note Debentureholder to make the extent of the amount transferredAdvance. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Trust Indenture (Constellation Software Inc)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in subsection 2.4(b) or specified in a resolution of the Directors, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax other than withholding tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation or the Debenture Trustee will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding subsection 2.14(a), if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateCorporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Zarlink Semiconductor Inc)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the directors of HOC, on behalf of the Trust, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Trust will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateTrust and the Depository otherwise agree. The transfer None of funds by the Issuer to Trust, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Harvest Energy Trust)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay Subject to the terms of the applicable series of Debentures, as interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4, on conversion, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date record date set forth for each the relevant series of Debentures in respect of the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee, acting reasonably, with the same effect as though payment had been made in the manner provided above. On or prior to 11:00 a.m. Eastern time on the applicable Business Day prior to the earlier of: (i) any Interest Payment Date, or the day cheques are required to be mailed in accordance with this Section 2.15, the Corporation shall deposit with the Trustee money sufficient to pay the full amount due on the relevant Interest Payment Date. (b) The Issuer All payments of interest in cash on the Global Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment Date. The transfer of funds by Global Debenture, unless the Issuer to the Trustee or to Corporation and the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferredotherwise agree. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Debenture Indenture

Payment of Interest. The following provisions apply to Debentures, except as otherwise provided in Subsection 2.4(c) with respect to the Initial Debentures, as permitted by Article 10 or specified in an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may REIT be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the REIT, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, will send or forward by prepaid ordinary mail (mail, electronic transfer of funds, or in the event of mail service interruption, by such other means as acceptable to the Trustee and the Issuer determine to be appropriate) a cheque for parties, payment of such interest payable (less applicable withholding taxes, if any) to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall will be forwarded at least three Business Days prior to each date on which interest becomes due (and, if such cheque is to be mailed by the applicable Interest Payment DateDebenture Trustee, the REIT will deliver to the Debenture Trustee the amount required to be paid by the Debenture Trustee one Business Day prior to the date on which the Debenture Trustee is required to mail such cheque) and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee will receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall will be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means will, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld or deducted as aforesaid and remitted to the proper tax authority, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the REIT or the Debenture Trustee will issue to such person a replacement cheque or other payment for the amount upon being furnished with such evidence of non-receipt as it reasonably requires and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the REIT is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the REIT may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding Subsection 2.15(a), if a series of Debentures is represented, in whole or in part, by a Global Debenture or Book-Based Only Debenture, then all payments of interest (less applicable withholding taxes, if any) on the interest due upon the principal amount of each Global Note Debenture or Book-Based Only Debenture will be made by wire or other electronic funds transfer by the Issuer either (i) transfer, or cheque, to the Trustee (and then by the Trustee to the Depository Depositary or its nominee) nominee for subsequent payment to Beneficial Holders of interests in that Global Debenture or (ii) directly to the Depository or its nomineeBook-Based Only Debenture, unless the Issuer, REIT and the Trustee and/or the Depository, as applicable, Depositary otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall The REIT will pay such funds to the Depository or its nominee Debenture Trustee on or before 9:00 a.m. (Vancouver time) on the Business day immediately prior to the applicable Interest Payment Date. The transfer None of funds by the Issuer to REIT, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture or Book- Based Only Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or Book-Based Only Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. ‌ The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4.3 or: (i) with respect to minor administrative matters or typographical errors, as specified in a resolution of the Board of Directors, an Officer’s Certificate, or (ii) as otherwise specified in a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4.3, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required by law to be deducted or withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeregister. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three one Business Days Day prior to the applicable Interest Payment Date, and if payment is made in any by other mannermeans (such as electronic transfer of funds), the Trustee must receive confirmation of receipt of funds prior to being able to forward funds or cheques to holders and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. For greater certainty, the Corporation shall on or before 11:00 am (Eastern Time) not less than three Business Days immediately prior to each interest Payment Date deliver to the applicable Interest Payment DateTrustee by a certified cheque or wire transfer in immediately available funds an amount sufficient to pay the interest payable on the Debentures. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation, or the Trustee on its behalf, will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as they both may reasonably require and upon being indemnified to their satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding Section 2.15(a), if the interest due upon Debentures are represented by a Global Debenture or otherwise registered in the principal amount name of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository CDS or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the then all payments of interest on such Global Notes Debentures shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, made on such Interest Payment Date by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds made payable to the Depository or its nominee on or for subsequent payment to Beneficial Holders of interests in the applicable Global Debenture, unless the Corporation and the Depository otherwise agree. If the Corporation wishes to have the Trustee act as interest paying agent, funds must be delivered to the Trustee no later than three Business Days prior to the applicable Interest Payment Dateday interest is payable to the Depository. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in subsection 2.5(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in subsection 2.5(3), or on prepayment pursuant to Section 4.1, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, wire transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds or send cheques to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes the Uncertificated Debenture shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, made by wire funds transfer or other electronic transfer on or before 11:00 a.m. certified cheque made payable (Toronto Timei) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) if the Corporation wishes to have the Trustee act as interest paying agent, to the Trustee by no later than the Business Day prior to the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateUncertificated Debenture. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Debenture Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay Subject to the terms of the applicable series of Debentures, as interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date record date set forth for each the relevant series of Debentures in respect of the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee, acting reasonably, with the same effect as though payment had been made in the manner provided above. On or prior to 11:00 a.m. Eastern time on the applicable Business Day prior to the earlier of: (i) any Interest Payment Date, or (ii) the day cheques are required to be mailed in accordance with this Section 2.15, the Corporation shall deposit with the Trustee money sufficient to pay the full amount due on the relevant Interest Payment Date. (b) The Issuer All payments of interest in cash on the Uncertificated Debentures shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee or certified cheque made payable to the Depository or its nominee) or (ii) directly nominee on the day interest is payable for subsequent payment to Beneficial Holders of the Depository or its nomineeapplicable Uncertificated Debentures, unless the IssuerCorporation and the Depository otherwise agree. (c) Notwithstanding the foregoing, the Trustee and/or Corporation shall have the Depositoryright, at its option, to elect to satisfy all or a portion of its interest payment obligation by delivering to the holders of Initial Debentures, on the relevant Interest Payment Date, that number of Freely Tradeable Common Shares obtained by dividing the relevant interest payment amount by the 20-trading day VWAP of the Common Shares ending on the fifth trading day preceding the Interest Payment Date. No fractional Common Shares will be issued and any fraction of a Common Share that would otherwise be issued will be rounded down to the nearest whole number. If payment is made by Common Share certificate(s), such certificate(s) shall be forwarded at least three days prior to each date on which interest becomes due and if payment is made by electronic transfer of Common Shares, such payment shall be made in a manner whereby the holder receives the Common Shares on the date such interest on such Debenture becomes due. The mailing of such Common Shares certificate(s) or the issuance of such Common Shares by electronic means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as applicableaforesaid, otherwise agreesatisfy and discharge all liability for interest on such Debenture. Such funds as are required for In the payments event of non receipt of Common Share certificate(s) or other payment of interest on Global Notes shall be transferred by the Issuer person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement Common Share certificate or other payment for a like amount upon being furnished with such evidence of non- receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee Trustee, acting reasonably, with the same effect as though payment had been made in the manner provided above. On or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before prior to 11:00 a.m. (Toronto Time) Eastern time on the Business Day prior to the earlier of: (i) any Interest Payment Date, unless or (ii) the Issuerday Common Share certificate(s) are required to be mailed in accordance with this Section 2.15, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, Corporation shall deposit with the Trustee shall such number of Common Shares sufficient to pay such funds to the Depository or its nominee full amount due on or prior to the applicable relevant Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Debenture Indenture

Payment of Interest. The following provisions shall apply to the Debentures, except as otherwise provided in Section 2.4(b) or permitted by Article 5 and Article 10 or specified in a resolution of the Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity shall be paid upon surrender of such Debenture) the Corporation, either directly or redemption of a Definitive Note which, at through the option Debenture Trustee or any agent of the IssuerDebenture Trustee, may be paid only upon presentation of such Definitive Note for payment) by forwarding shall send or causing to be forwarded forward a cheque dated the Interest Payment Date by prepaid ordinary mail (mail, or in if agreed to by the event Debentureholders, electronic transfer of mail service interruptionfunds, by or such other means as may be agreed to by the Debenture Trustee and the Issuer determine Debentureholders, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid and remitted to the appropriate governmental authority, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for interest by the person to whom it is so sent as aforesaid, the Corporation or the Debenture Trustee will issue to such person a replacement cheque for a like amount upon being furnished with such evidence of non- receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.14(a), if a series of each Debentures is represented by one or more Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debentures, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debentures shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of interests in the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Primero Mining Corp)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the directors of SEL, on behalf of the Trust, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of its receipt of funds prior to being required to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Trust will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall, reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on of funds or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateTrust and the Depository otherwise agree. The transfer None of funds by the Issuer to Trust, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Canetic Resources Trust)

Payment of Interest. ‌ The following provisions shall apply to Debentures, except as otherwise provided in Section 2.3(a) or elsewhere in this Indenture or specified in a Board Resolution, an Officer’s Certificate or a supplemental indenture relating to the Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly (which shall be confirmed by forwarding the Corporation by Officer’s Certificate pursuant to Section 2.3(c)), or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward a cheque by prepaid ordinary mail mail, wire, electronic transfer of funds or such other means as may be agreed to by the Trustee and, if applicable, deliver the Shares, pursuant to Section 2.3(c), in payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee as at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event case of mail service interruptionjoint holders, by to such other means as address of one of the joint holders), unless such holder otherwise directs in writing to the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeadvance. If cash payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans, such as wire or electronic transfer of funds, such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the Interest Payment Date. If payment is made through the Trustee, at least on or before 11:00 am (Vancouver time) one Business Day prior to each Interest Payment Date or prior to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by wire transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. The Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer Notwithstanding the foregoing, all payments made to a Debentureholder that is a member of the QRC Group or the WHSP Group shall pay the interest due upon the principal amount of each Global Note be made by wire transfer in immediately available funds in accordance with the applicable wire instructions attached hereto as Schedule “E”, or other electronic funds transfer by such wire instructions as such Debentureholder may direct the Issuer either (i) to Corporation and the Trustee in writing from time to time. (and then by the c) The Trustee shall have no obligation to the Depository or its nominee) or (ii) directly disburse funds pursuant to the Depository or its nominee, this Section 2.10 unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer it has received written confirmation satisfactory to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If it that the funds are transferred have been deposited with it in sufficient amount to the Trustee, the Trustee shall pay in full all amounts due and payable with respect to such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on until such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) uncertified cheques shall be made by determined to have cleared the use of financial institution upon which the LVTSsame are drawn.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.2(c): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation shall, on or causing before 11:00 a.m., Calgary time, on the fourth (4th) Business Day immediately prior to be forwarded the applicable Interest Payment Date, deliver to the Debenture Trustee a certified cheque, bank draft or wire transfer in an amount sufficient to pay such interest as is payable in respect of such Debentures. Upon receipt of such interest payment from the Corporation, the Debenture Trustee, on behalf of the Corporation, shall then send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Debenture Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Debenture Trustee and the Issuer determine to be appropriate) a cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made to the holder by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three (3) Business Days prior to the each applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of date such interest on Global Notes shall be transferred by the Issuer to the Trustee such Debenture becomes due. The mailing of such cheque or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. (c) Notwithstanding Sections 2.16(a) of any tax withheld as aforesaid, satisfy and (b)discharge all liability for interest on such Debenture, all payments made under this Sections 2.16 unless in excess the case of $25 million (payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or such other amount as determined from time to time payment of interest by the Canadian Payments Association Person to whom it is so sent as aforesaid, the Debenture Trustee will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation or the Debenture Trustee is prevented by circumstances beyond its control (including, without limitation, any successor theretointerruption in mail service) shall be from making payment of any interest due on each Debenture in the manner provided above, the Corporation or the Debenture Trustee may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made by in the use of the LVTSmanner provided above.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Transglobe Energy Corp)

Payment of Interest. (a) The Issuer shall pay As interest becomes due on the interest due upon the principal amount of each Definitive Note Instruments (except interest payable on Maturity or redemption of a Definitive Note which, at the option Note Maturity Date or Debenture Maturity Date, or upon conversion of the IssuerDebentures), may be paid only upon presentation of the Company shall, within five (5) Business Days following each date on which interest on such Definitive Note for payment) by forwarding Instruments becomes due, forward or causing cause to be forwarded by prepaid ordinary mail (or in post, to all Holders, at their respective addresses appearing on the event applicable register of mail service interruptionholders hereinafter mentioned, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest (less any tax required by law to be deducted) payable to the order of each such Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note Instruments is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note Instruments to the extent of the sum sums represented thereby (plus any amount of any tax deducted as aforesaid) unless such cheque is shall not be paid on presentation at any of the places at which such interest is payable. In presentation; provided that in the event of the non-receipt of such cheque by the applicable Holder Holder, or the loss, theft loss or destruction thereof, the IssuerCompany, upon being furnished with reasonable evidence of such non-receipt, loss, theft loss or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder holder a replacement cheque for the amount of such cheque. Notwithstanding Interest which is represented by a cheque which has not been presented to the foregoing, drawee for payment or which otherwise remains unclaimed for a period of six (6) years from the Issuer, at its option, may cause date on which it became due shall be forfeited to the amount payable in respect Company. Payments of interest to in accordance with the requirements of this Section 2.11 may be paid to a Holder effected, in the sole discretion of the Company and with the consent of the relevant holder, by wire transfer or other electronic means of payment as may be agreed by the Company and such Holder. All Notes or Debentures issued upon any registration of transfer or exchange of Notes, including pursuant to an account maintained by such Holder or in any other manner acceptable Section 2.6 hereof, shall be the valid obligations of the Company, evidencing the same debt, and entitled to the Trusteesame benefits under this Indenture, as the Notes surrendered upon such registration of transfer or exchange. If payment of For greater certainty, all interest is payments made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined outstanding from time to time by the Canadian Payments Association or under any successor thereto) Note shall be interest payments made by upon the use of the LVTSprincipal amount outstanding from time to time upon any and all Debentures issued in exchange for such Note pursuant to Section 2.6 hereof.

Appears in 1 contract

Sources: Indenture (Seven Seas Petroleum Inc)

Payment of Interest. The following provisions shall apply to Debt Securities, except as otherwise specified in a Board Resolution, an Officers’ Certificate or a Supplemental Indenture relating to a particular series of Debt Securities: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note fully registered Debt Security (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debt Security), the Trust, either directly or causing to be forwarded through the Indenture Trustee or any agent of the Indenture Trustee, shall send or forward by prepaid ordinary mail mail, electronic transfer of funds or such other means as may be agreed to by the Indenture Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debt Security appearing on the registers maintained by the Indenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holdersholders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Indenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debt Security becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debt Security, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Trust will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debt Security in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Indenture Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Indenture Trustee, at least one Business Day prior to each Interest Payment Date or to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Trust shall deliver sufficient funds to the Indenture Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Indenture Trustee and the Trust in order to effect such interest payment hereunder. (b) The Issuer shall pay the interest due upon the principal amount If a series of each Debt Securities or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debt Security, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debt Security shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Debtholders of the applicable Interest Payment Dateinterests in that Global Debt Security, unless the Trust and the Depository otherwise agree. The transfer None of funds by the Issuer to Trust, the Indenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Indenture Trustee for any Debt Security issued as a Global Debt Security will be liable or responsible to any Person for any aspect of the interest then due records related to or payments made on account of beneficial interests in any Global Debt Security or for maintaining, reviewing, or supervising any records relating to such Global Note to the extent of the amount transferredbeneficial interests. (c) Notwithstanding Sections 2.16(athe foregoing, (i) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) sucessor thereto shall be made by the use of the LVTS; and (ii) in the event that payment must be made to the Depository, the Trust shall remit payment to the Indenture Trustee by LVTS. The Indenture Trustee shall have no obligation to disburse funds pursuant to this Section 2.15(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Indenture Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (Baytex Energy Trust)

Payment of Interest. The following provisions shall apply to Notes of each series, except as otherwise specified in a Supplemental Indenture relating to a particular series of Notes (and, in the case of the 2019 Senior Secured Notes, Article 3): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive fully registered Note (except on redemption thereof, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Trustee, payment of such interest (less any Taxes required by law to be appropriatededucted or withheld therefrom) a cheque for such interest payable to the Holder Holders of such Definitive Note record on the Record Date for each immediately preceding the applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the TrusteeDate. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days two days prior to the applicable each Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any Taxes deducted or withheld as aforesaid, satisfy and discharge all liability for interest on such Note to such extent, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer shall issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on any Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, by 11:00 a.m. (Toronto time) at least one Business Day prior to the applicable related Interest Payment DateDate for a Note or to the date of mailing the cheques for the interest due on such Interest Payment Date for such Note, whichever is earlier, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon Notes of any series or any portion thereof are issued in the principal amount form of each or represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Note, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on such Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Timetime) on the at least one Business Day prior to the related Interest Payment DateDate by electronic funds transfer made payable to the Trustee for subsequent payment to the Depository on behalf of the Beneficial Holders of the applicable interests in that Global Note, unless the Issuer, Issuer and the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a2.14(a) and (b2.14(b), all payments made under this Sections 2.16 in excess of $25 million 25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. Neither the Trustee nor Paying Agent, as applicable, shall have any obligation to disburse funds in respect of any Note pursuant to Section 2.14(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date for such Note. The Trustee or Paying Agent, as applicable, shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(b), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Debenture Indenture (Ivanhoe Energy Inc)

Payment of Interest. (a1) The Issuer shall pay the interest due upon the principal amount of each Definitive Note (except interest payable on Maturity Except as may otherwise be provided herein, including Article 3 or redemption of a Definitive Note which, at the option in any supplemental indenture in respect of the IssuerDebentures, may payments of accrued and unpaid interest on each Interest Payment Date or that becomes payable as otherwise provided for herein, will be paid only upon presentation made in the following manner: (2) If and when interest becomes due on the Debentures, the Corporation, either directly or through the Debenture Trustee or any agent of such Definitive Note for payment) by forwarding the Debenture Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each applicable registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Datedate on which interest becomes due, and if payment is made by other means (such as electronic transfer of funds), the Debenture Trustee must receive confirmation of receipt of funds by wire at least three Business Days in any other manner, advance prior to being able to forward funds or cheques to holders) and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b3) The Issuer All payments of interest on the Uncertificated Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either or certified cheque made payable (i) to the Trustee (and then by the Trustee to the Depository or its nominee) nominee on the day interest is payable for subsequent payment to beneficial holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) directly if the Corporation wishes to have the Debenture Trustee act as interest paying agent, to the Depository or its nominee, unless the Issuer, the Debenture Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before no later than 11:00 a.m. (Toronto Time) time on the Business Day prior to the Interest Payment Date, unless day interest is payable for subsequent payment to the IssuerDepository. None of the Corporation, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.beneficial interests

Appears in 1 contract

Sources: Convertible Debenture Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay As interest becomes due on each Debenture, the interest due upon Corporation, either directly or through the principal amount of each Definitive Note (except interest payable on Maturity Trustee or redemption of a Definitive Note which, at the option any agent of the IssuerTrustee, may be paid only upon presentation of such Definitive Note for payment) by forwarding shall send or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as the Trustee and Corporation may determine (and, if through the Issuer determine Trustee, as may be agreed to by the Trustee), payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, and if through the Trustee, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation (or, if payment of interest is being made through the Trustee, the Trustee) will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner the Corporation may determine (and, if through the Trustee, acceptable to the Trustee, acting reasonably), with the same effect as though payment had been made in the manner provided above. Where the Corporation has determined that it, rather than the Trustee, shall make interest payments hereunder, the Corporation shall, within five Business Days, furnish to the Trustee evidence of payment to each holder having been made. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes Debentures shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation, the Depository, and the Trustee, if payment is to be made through the Trustee, otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Debenture Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise specified in Section 2.4 or in a resolution of the directors, Officers' Certificate or supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Indenture Trustee or any agent of the Indenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Indenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Indenture Trustee at the close of business on the last Business Day of the month preceding the month of the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that cheque such cheque shall be forwarded at least three one Business Days Day prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Indenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture for the applicable period, unless in the case of payment by cheque, such cheque be not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Indenture Trustee with the same effect as though payment had been made in the manner provided above. For greater certainty, the Indenture Trustee will only make payment when fully funded by the Corporation. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Global Note Debentures is represented by wire one or other electronic funds transfer by the Issuer either (i) to the Trustee (and more global Debentures, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on Global Notes the global Debentures shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer made on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the Date by electronic funds are transferred to the Trustee, the Trustee shall pay such funds transfer to the Depository or its nominee by 10:00 a.m. (Calgary time) for subsequent payment to holders of interests in that global Debenture, unless the Corporation and the Depository otherwise agree. None of the Corporation, the Indenture Trustee or any agent of the Indenture Trustee for any Debenture issued as a global Debenture will be liable or responsible to any person for any aspect of the records related to or payments made on account of beneficial interests in any global Debenture or prior for maintaining, reviewing, or supervising any records relating to such beneficial interests. For greater certainty, the applicable Interest Payment Date. The transfer of funds Indenture Trustee will only make payment when fully funded by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferredCorporation. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. (a) The Issuer Subject to Section 2.14(b), except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures or specified in a resolution of the Board of Directors, on behalf of the Corporation, either directly or through the Trustee or any agent of the Trustee, on the date the Interest Obligation is payable under the Indenture the Corporation shall pay and satisfy the interest due upon the principal amount of each Definitive Note applicable Interest Obligation and: (except interest payable on Maturity i) shall send or redemption of a Definitive Note which, at the option of the Issuer, may be paid only upon presentation of such Definitive Note for payment) by forwarding or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any taxes required to be deducted in accordance with Section 2.15) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee at the close of business on the sixth Business Day prior to each Interest Payment Date, and the Issuer determine to be appropriate) a if by cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque holder otherwise directs. Provided the Trustee is not paid on presentation at any of the places at which such interest is payable. In the event of the non-in receipt of such cheque by funds from the applicable Holder or the lossCorporation prior to making any payment, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If if payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository Notwithstanding Section 2.14(b), if a series of Debentures is represented by one or its nomineemore Global Debentures or Book Based Only Debentures, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the then all payments of interest on the Global Notes Debentures or Book Based Only Debentures shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of interests in the applicable Global Debenture or Book Based Only Debenture, unless the Corporation and the Depository otherwise agree. None of the Corporation, the Trustee or any agent of the Trustee for any Debenture issued as a Global Debenture or Book Based Only Debenture will be liable or responsible to any person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or Book Based Only Debenture or for maintaining, reviewing, or supervising any records relating to such beneficial interests. (iii) If payment is made through the Trustee, by 9:00 a.m. (Vancouver) at least four Business Days prior to the related Interest Payment Date for a Debenture or to the date of mailing the cheques for the interest due on such Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. (iv) The Trustee is authorized by the Corporation to make payments of interest, premium (if any) and principal to holders, by electronic funds transfer, upon the request of such holder and the Trustee’s fees payable in respect thereof will be for the account of the Corporation. (b) Notwithstanding Section 2.14(a) and subject to any additional provisions of this Indenture permitting the payment and satisfaction of any Interest Obligation in Shares, the Corporation may at its option, subject to any required regulatory approval and provided that no Event of Default has occurred and is continuing, satisfy its obligation to pay all or any part of the Interest Obligation by: (i) in respect of Interest Obligations to be paid on the Interest Payment Date, at the Corporation’s option by: (A) delivering to holders on the Interest Payment Date of Debentures that number of Freely Tradable Shares obtained by dividing the accrued and unpaid interest by the Interest Payment Date VWAP. The Corporation shall deliver to the Trustee written notice of such desire to issue Freely Tradeable Shares not less than 10 Business Days prior to the Interest Payment Date or such earlier time as the Trustee, acting reasonably, may in writing request; or (B) delivering a sufficient number of Shares to the Trustee to satisfy all or any part, as the case may be, of the applicable Interest Obligation (the “Common Share Interest Payment Election”). The Corporation shall deliver to the Trustee written notice of such Common Share Interest Election not less than 20 Business Days prior to the Interest Payment Date. Upon receipt of a Common Share Interest Payment Election, the Trustee shall, in accordance with this Section 2.14(b)(i)(B): (1) notwithstanding anything contrary in this Indenture, for the purposes of this Section 2.14(b)(i)(B), act as agent of the Corporation solely for purposes of settling the sale of the Shares to those investment banks, brokers or dealers designated by the Corporation and at the price agreed to between the Corporation and such investment banks, brokers or dealers (which may be the market price from time to time or based thereon), for paying proceeds therefrom in satisfaction of the Interest Obligation and to take such additional actions as the Corporation, acting reasonably, may in writing request. In connection with the Common Share Interest Payment Election, the Trustee shall have the power to: 1. accept delivery of the Shares from the Corporation and process the Shares in accordance with the Common Share Interest Payment Election and this Section 2.14(b)(i)(B); 2. settle the sale of such Shares, on behalf of the Corporation, as the Corporation shall direct in its absolute discretion through delivery of such Shares to the investment banks, brokers or dealers identified by the Corporation in the Common Share Interest Payment Election and at the price identified therein (which may be the market price from time to time or based thereon); 3. at the written direction of the Authorized Officers and subject to any required regulatory approval, settle the sale of such Shares through delivery of such Shares, as the Authorized Officers shall direct in writing and at the price specified (which may be the market price from time to time or based thereon), over the facilities of the Exchange or otherwise; 4. hold the proceeds of such sales with an Approved Bank in accordance with Section 17.9; 5. use such proceeds from the sale of Shares to pay the Interest Obligation in respect of which the Common Share Interest Payment Election was made; 6. deliver proceeds to holders of Debentures to satisfy all or a portion of the Corporation’s Interest Obligations and tax obligations, as directed by the Corporation in the Common Share Interest Payment Election or at the written direction of the Authorized Officer; and 7. perform any other action necessarily incidental thereto; (2) The Corporation covenants that each Share Bid Request shall provide that the acceptance of any bid by the Corporation is conditional on the acceptance of, sufficient bids to result in aggregate proceeds from such issue and sale of Shares which, together with the cash payments to be made by the Corporation in lieu of fractional Shares, if any, equal the Interest Obligation on the applicable Interest Payment Date. The transfer Trustee will be the agent of funds the Corporation solely for purposes of settling the sale of the Shares to those investment banks, brokers or dealers designated by the Issuer Corporation and at the price agreed to between the Corporation and such investment banks, brokers or dealers (which may be the market price from time to time or based thereon), paying proceeds therefrom in satisfaction of the Interest Obligation and to take such additional actions as the Corporation, acting reasonably, may in writing request; (3) The Share Interest Payment Election shall provide for, and all bids shall be subject to, the right of the Corporation, by delivering written notice to the Trustee or at any time prior to the Depository Share Delivery Date, to withdraw the Common Share Interest Payment Election (or its nomineewhich shall have the effect of withdrawing each related Share Bid Request), as applicablewhereupon, with respect subject to the payment of interest will satisfy and discharge Subordination Agreement, the liability of Corporation shall be obliged to pay in cash the Issuer Interest Obligation in respect of which the Common Share Interest Payment has been delivered; (4) Neither the Corporation’s making of the Common Share Interest Payment nor the consummation of sales Shares will: 1. result in the Debentureholders not being entitled to receive on the applicable Interest Payment Date cash in an aggregate amount equal to the interest then due payable on the applicable Debentures on such Global Note Interest Payment Date; or 2. entitle such holders to receive any Shares in satisfaction of the Interest Obligation; (5) The Corporation covenants that the aggregate proceeds of all sales of Shares resulting from the acceptance of any bid or bids for Shares, together with the amount of any cash payment by the Corporation including any payment in lieu of any fractional Shares, if any, on the Share Delivery Date, must be not less than the related Common Share Interest Payment Election Amount in connection with any bids so accepted. The Corporation and the applicable bidders shall, not later than the Share Delivery Date, enter into Share Purchase Agreements and shall comply with all Applicable Securities Legislation, including the securities rules and regulations of any stock exchange or quotation system on which the Debentures or Shares are then listed. The Corporation shall pay all fees and expenses in connection with the Share Purchase Agreements including the fees and commissions charged by the investment banks, brokers and dealers and the fees and expenses of the Trustee; (6) Provided that: 1. all conditions specified in each Share Purchase Agreement to the extent closing of all sales thereunder have been satisfied or waived, other than the delivery of the Shares to be sold thereunder against payment of the purchase price thereof; and 2. the purchasers under each Share Purchase Agreement shall be ready, willing and able to perform thereunder, in each case on or prior to the applicable settlement date, the Corporation shall, on the Share Delivery Date, deliver to the Trustee the Shares, including with the applicable legend, to be sold on such applicable settlement date, an amount transferredin cash equal to the value of any fractional Shares, if any, and an Officer’s Certificate to the effect that all conditions precedent to such sales, including those set forth in this Indenture and in each Share Purchase Agreement, have been satisfied or waived, and the Trustee shall rely on such Officer’s Certificate without further investigation. Upon such deliveries, the Trustee shall use its commercially reasonable efforts to consummate such sales on the applicable settlement date and, subject to the Subordination Agreement, shall deliver the Shares to such purchasers against payment to the Trustee in immediately available funds of the purchase price therefor in an aggregate amount equal to the Common Share Interest Payment Election Amount as directed in the Common Share Interest Payment Election or in the written direction from an Authorized Officer (less any amount attributable to any fractional Shares, if any); (7) Neither the making of a Common Share Payment Election nor the consummation of sales of Shares shall: (x) result in the holders of the Debentures not being entitled to receive on the applicable Interest Payment Date cash in an aggregate amount equal to the Interest Obligation payable on such date; or (y) entitle or require such holders to receive any Shares in satisfaction of such Interest Obligation; and (8) The Trustee shall have no liability for the value of the proceeds received for the sale of the Shares nor shall it be required to exercise any discretion in the performance of its duties hereunder; and (ii) except as otherwise provided in this Indenture, in respect of Interest Obligations to be paid on any day other than on an Interest Payment Date, delivering to holders on the applicable date that number of Freely Tradable Shares obtained by dividing the accrued and unpaid interest by the Alternative Interest Payment Date VWAP. (c) Notwithstanding Sections 2.16(aIn connection with the delivery of Shares pursuant to Section 2.14(b)(i)(A) and (bor 2.14(b)(ii), all payments made under this Sections 2.16 in excess as applicable: (i) the Corporation shall deposit with the Trustee or any paying agent to the order of $25 million the Trustee, on or before 9:00 a.m. (Vancouver) four days immediately prior to the date of delivery of such Shares contemplated by Section 2.14(b)(i)(A), certificates or book entry system customer confirmations representing such other amount Shares as determined from time may be sufficient to time pay the Interest Obligation. The Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Canadian Payments Association or any successor thereto) Trustee in connection with such payment. Every such deposit shall be made irrevocable. From the certificates or book entry system customer confirmations so deposited, the Trustee shall issue or cause to be issued, to the holders of such Debentures the applicable Interest Obligation to which they are respectively entitled on such date (less any taxes required to be deducted in accordance with Section 2.15); (ii) each certificate or book entry system customer confirmation representing Shares issued pursuant to Section 2.14(b), as well as all certificates or book entry system customer confirmations issued in exchange for or in substitution of the foregoing securities, shall have imprinted or otherwise reproduced thereon such legend or legends not inconsistent with the provisions of the Indenture, as may be required to comply with any law or with any rules or regulations pursuant thereto or with any rules or regulations of any securities exchange or securities regulatory authority or to conform with general usage, all as may be determined by the use Corporation or Corporation’s counsel, as conclusively evidenced by the issue of such certificates or book entry system customer confirmations with any legends as authorized per written order of the LVTS.Corporation; (iii) the Trustee shall have received an Officer’s Certificate stating that any required regulatory approval has been obtained and setting forth the number of Shares to be delivered for each $1,000 principal amount of Debentures and the Alternative Interest Payment Date VWAP or the Interest Payment Date VWAP, as the case may be; and (iv) the Trustee shall have received an opinion of Counsel to the effect that: (A) the Corporation shall be a reporting issuer or the equivalent in good standing under Applicable Securities Legislation where the distribution of such Freely Tradable Shares occurs, relying exclusively on certificates of good standing or on a list of issuers in default issued or maintained by the relevant securities authorities, except that such opinion need not be expressed with respect to those provinces where such certificates are not issued or lists are not maintained; (B) such Shares have been duly authorized and, when i

Appears in 1 contract

Sources: Convertible Debenture Indenture (Mogo Finance Technology Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the directors of the Administrator, on behalf of the Trust, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail mail, electronic transfer of funds or such other means as may be agreed to by the Debenture Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holdersholders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint holders), unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or the date such interest on such Debenture becomes due, provided the Debenture Trustee must receive confirmation of its receipt of funds prior to the applicable Interest Payment Date. (b) being required to wire funds to holders. The Issuer shall pay the interest due upon the principal amount mailing of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee such cheque or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Trust will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (cincluding, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Debenture Trustee, at least one Business Day prior to each Interest Payment Date or to the date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Trust shall deliver sufficient funds to the Debenture Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Debenture Trustee and the Trust in order to effect such interest payment hereunder. The Debenture Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. Notwithstanding Sections 2.16(athe foregoing, (i) and (b), all payments made under this Sections 2.16 in excess of $25 million in Canadian dollars (or such other amount as determined from time to time by the Canadian Payments Association or any successor theretoAssociation) shall be made by the use of the LVTSLVTS (as defined herein); and (ii) in the event that payment must be made to the Depository, the Trust shall remit payment to the Debenture Trustee by LVTS (as defined herein). The Debenture Trustee shall have no obligation to disburse funds pursuant to this section 2.15(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date. The Debenture Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn. (b) Notwithstanding Section 2.15(a), if a series of Debentures or any portion thereof is represented by a Global Debenture, then all payments of interest on the Global Debenture shall be made by electronic funds transfer or cheque made payable to the Depository or its nominee for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the Trust and the Depository otherwise agree. None of the Trust, the Debenture Trustee or any agent of the Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or for maintaining, reviewing, or supervising any records relating to such beneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Pengrowth Energy Trust)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.3(a) or elsewhere in this Indenture or specified in a Board Resolution, an Officer’s Certificate or a supplemental indenture relating to the Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly (which shall be confirmed by forwarding the Corporation by Officer’s Certificate pursuant to Section 2.3(c)), or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward a cheque by prepaid ordinary mail mail, wire, electronic transfer of funds or such other means as may be agreed to by the Trustee and, if applicable, deliver the Shares, pursuant to Section 2.3(c), in payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee as at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event case of mail service interruptionjoint holders, by to such other means as address of one of the joint holders), unless such holder otherwise directs in writing to the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeadvance. If cash payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans, such as wire or electronic transfer of funds, such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the Interest Payment Date. If payment is made through the Trustee, at least on or before 11:00 am (Vancouver time) one Business Day prior to each Interest Payment Date or prior to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by wire transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. The Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer Notwithstanding the foregoing, all payments made to a Debentureholder that is a member of the QRC Group or the WHSP Group shall pay the interest due upon the principal amount of each Global Note be made by wire transfer in immediately available funds in accordance with the applicable wire instructions attached hereto as Schedule “E”, or other electronic funds transfer by such wire instructions as such Debentureholder may direct the Issuer either (i) to Corporation and the Trustee in writing from time to time. (and then by the c) The Trustee shall have no obligation to the Depository or its nominee) or (ii) directly disburse funds pursuant to the Depository or its nominee, this Section 2.10 unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer it has received written confirmation satisfactory to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If it that the funds are transferred have been deposited with it in sufficient amount to the Trustee, the Trustee shall pay in full all amounts due and payable with respect to such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on until such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) uncertified cheques shall be made by determined to have cleared the use of financial institution upon which the LVTSsame are drawn.

Appears in 1 contract

Sources: Trust Indenture (NexGen Energy Ltd.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.3(a) or elsewhere in this Indenture or a supplemental indenture relating to the Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) the Corporation, either directly (which shall be confirmed by forwarding the Corporation by Officer’s Certificate pursuant to Section 2.3(c)), or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward a cheque by prepaid ordinary mail mail, wire, electronic transfer of funds or such other means as may be agreed to by the Trustee, in accordance with those wire or other payment instructions provided by the applicable Debentureholder to the Corporation and the Trustee in writing from time to time, and, if applicable, deliver the Shares, pursuant to Section 2.3(c), in payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee as at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the register (or in the event case of mail service interruptionjoint holders, by to such other means as address of one of the joint holders), unless such holder otherwise directs in writing to the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeadvance. If cash payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans, such as wire or electronic transfer of funds, such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the Interest Payment Date. If payment is made through the Trustee, at least on or before 11:00 am (Vancouver time) one Business Day prior to each Interest Payment Date or prior to the applicable date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by wire transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such interest payment hereunder. The Trustee shall disburse such interest payments only upon receiving, at least one Business Day prior to each such date, funds in an amount sufficient for the interest payment. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer Trustee shall pay the interest due upon the principal amount of each Global Note by wire or other electronic have no obligation to disburse funds transfer by the Issuer either (i) pursuant to the Trustee (and then by the Trustee this Section 2.10 unless it has received written confirmation satisfactory to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If it that the funds are transferred have been deposited with it in sufficient amount to the Trustee, the Trustee shall pay in full all amounts due and payable with respect to such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer Trustee shall, if any funds are received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on until such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) uncertified cheques shall be made by determined to have cleared the use of financial institution upon which the LVTSsame are drawn.

Appears in 1 contract

Sources: Trust Indenture (NexGen Energy Ltd.)

Payment of Interest. (a) The Issuer shall pay the Except as otherwise provided in a supplemental indenture relating to Additional Debentures, as interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Friday Night be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding Friday Night, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the seventh Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by chequecheque or certificates representing Common Shares (as contemplated by Section 2.4(f) hereof), the Issuer shall transfer funds to the Trustee in order that such cheque or share certificates, as applicable, shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as the wire of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of date such interest on Global Notes shall be transferred by the Issuer to the Trustee such Debenture becomes due. The mailing of such cheque or share certificates or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. (c) Notwithstanding Sections 2.16(a) of any tax withheld as aforesaid, satisfy and (b)discharge all liability for interest on such Debenture, all payments made under this Sections 2.16 unless in excess the case of $25 million (payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or such other amount as determined from time to time payment of interest by the Canadian Payments Association person to whom it is so sent as aforesaid, Friday Night will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if Friday Night is prevented by circumstances beyond its control (including, without limitation, any successor theretointerruption in mail service) shall be from making payment of any interest due on each Debenture in the manner provided above, Friday Night may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. In the event that deduction or withholding on account of taxes is required by law or administrative practice by the use relevant government authority, Friday Night will promptly notify the Debentureholders of such requirement and Friday Night shall co-operate with the LVTSDebentureholders with a view to determining the availability to Debentureholders of any reduced rate of withholding under the terms of a relevant tax treaty.

Appears in 1 contract

Sources: Supplemental Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c), Article 10 or specified in a resolution of the directors of the Manager or the Corporation, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being required to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation or the Debenture Trustee will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.16(a), if a series of each Debentures or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment (less applicable withholding tax, if any) to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateCorporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Note Indenture (PENGROWTH ENERGY Corp)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the directors of SEL, on behalf of the Trust, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of its receipt of funds prior to being required to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Trust will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall, reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on of funds or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateTrust and the Depository otherwise agree. The transfer None of funds by the Issuer to Trust, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the directors of AEI, on behalf of the Trust, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the seventh Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of its receipt of funds prior to being required to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Trust will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateTrust and the Depository otherwise agree. The transfer None of funds by the Issuer to Trust, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Payment of Interest. (a) The Issuer following provisions shall pay apply to the Notes, except as otherwise permitted by this Indenture: (i) As interest becomes due upon the principal amount of on each Definitive Note (except at maturity, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for paymentNote) by forwarding the Company, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (or mail, electronic transfer of funds in the event case of mail service interruption, by the Depository or such other means as may be agreed to by the Trustee, payment of such interest (less any Withholding Taxes required or permitted to be withheld therefrom) to the order of the registered Holder of such Note appearing on the register maintained by the Trustee on the applicable Regular Record Date and the Issuer determine to be appropriate) a cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the Holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeotherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on or prior to the applicable Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any Withholding Tax withheld as aforesaid, satisfy and discharge all liability for interest on such Note. In the event of non-receipt of any cheque for payment of interest by the person to whom it is so sent as aforesaid, the Company or the Trustee will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Note in the manner provided above, the Company may make payment of such interest or make such interest available for payment (less any Withholding Taxes required or permitted to be withheld therefrom) in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nomineeNotwithstanding Section 2.18(a)(i), unless the Issuerif a Note is a Global Note, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the then all payments of interest on the Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior for subsequent payment (less applicable Withholding Taxes, if any) to Beneficial Holders of interests in the applicable Interest Payment DateGlobal Note, unless the Company and the Depository otherwise agree. The transfer None of funds by the Issuer to Company, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Note issued as a Global Note will be liable or responsible to any person for any aspect of the interest then due records related to or payments made on such account of beneficial interests in any Global Note or for maintaining, reviewing, or supervising any records relating to the extent of the amount transferredsuch beneficial interests. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Notes of each series, except as otherwise specified in a Supplemental Indenture relating to a particular series of Notes (and, in the case of the Series A Second Lien Notes, Article 3 and the Series B Second Lien Notes, Article 4): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive fully registered Note (except on redemption thereof, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Trustee, payment of such interest (less any Taxes required by law to be appropriatededucted or withheld therefrom) a cheque for such interest payable to the Holder Holders of such Definitive Note record on the Record Date for each immediately preceding the applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the TrusteeDate. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days two days prior to the applicable each Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any Taxes deducted or withheld as aforesaid, satisfy and discharge all liability for interest on such Note to such extent, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer shall issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on any Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, by 11:00 a.m. (Toronto time) at least one Business Day prior to the applicable related Interest Payment DateDate for a Note or to the date of mailing the cheques for the interest due on such Interest Payment Date for such Note, whichever is earlier, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon Notes of any series or any portion thereof are issued in the principal amount form of each or represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Note, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on such Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Timetime) on the at least one Business Day prior to the related Interest Payment DateDate by electronic funds transfer made payable to the Trustee for subsequent payment to the Depository on behalf of the Beneficial Holders of the applicable interests in that Global Note, unless the Issuer, Issuer and the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a2.14(a) and (b2.14(b), all payments made under this Sections 2.16 in excess of $25 million U.S.$25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS. Neither the Trustee nor Paying Agent, as applicable, shall have any obligation to disburse funds in respect of any Note pursuant to Section 2.14(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date for such Note. The Trustee or Paying Agent, as applicable, shall, if it accepts any funds received by it in the form of uncertified cheques, be entitled to delay the time for release of such funds until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Sources: Trust Indenture (Jushi Holdings Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise specified in a resolution of the directors of the Administrator on behalf of the Trust, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Trust or the Debenture Trustee will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding the interest due upon the principal amount preceding subsection, if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateTrust and the Depository otherwise agree. The transfer None of funds by the Issuer to Trust, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.1(c) or Article 6 or specified in a resolution of the Board of Directors, or an Officer's Certificate: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.1(c), at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding Section 2.9(a), if the interest due upon the principal amount of each Debentures or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture

Payment of Interest. (a) The Issuer shall pay pay, or cause the Trustee to pay, the interest due upon the principal amount Deemed Value of the Gold Quantity represented by each Definitive Certificated Note (except interest payable on Maturity or redemption of a Definitive Certificated Note which, at the option of the Issuer, may be paid only upon presentation of such Definitive Certificated Note for payment) and Uncertificated Note by forwarding or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee at least four Business Days prior to the applicable Interest Payment Date in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to the Notes, except as otherwise provided in Section 2.2(b): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note) the Corporation, either directly or through the Note for payment) by forwarding Trustee or causing to be forwarded any agent of the Note Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds, or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Note Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note appearing on the Record Date for each registers maintained by the Note Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Note Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Note becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Note, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation or the Note Trustee will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Note in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Note Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding Section (a), if the interest due upon the principal amount of each Notes are represented by one or more Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Notes, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of interests in the applicable Interest Payment DateGlobal Note, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Note Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Note Trustee for any Note issued as a Global Note will be liable or responsible to any Person for any aspect of the interest then due records related to or payments made on such account of beneficial interests in any Global Note or for maintaining, reviewing, or supervising any records relating to the extent of the amount transferredsuch beneficial interests. (c) Notwithstanding Sections 2.16(a) and (b)The Corporation authorizes the Note Trustee to convert or cause to be converted through an agent or Affiliate, all payments made under this Sections 2.16 the United States dollar cash payment on account of interest, premium, if any, or principal payable to a Noteholder in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use respect of the LVTSNotes, into Canadian dollars, at the rate of conversion available to the Note Trustee on the date the funds are converted, if the Noteholder so provides a written direction to the Note Trustee requesting its receipt in Canadian dollars. By providing the written request, the Noteholder will have acknowledged and agreed that the exchange rate for one United States dollar expressed in Canadian dollars will be based on the exchange rate available to the Note Trustee on the date the funds are converted. Noteholders electing to have their payments paid in Canadian dollars will have further acknowledged and agreed that any change to the currency exchange rates of the United States or Canada will be at the sole risk of the Noteholder and the Corporation shall not be liable for any variation on the currency exchange rate.

Appears in 1 contract

Sources: Trust Indenture (Theratechnologies Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4, on conversion, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, through the Trustee or causing to be forwarded any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee, acting reasonably, with the same effect as though payment had been made in the manner provided above. (b) The Issuer All payments of interest on the Uncertificated Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either or certified cheque made payable (i) to the Trustee (and then by the Trustee to the Depository or its nominee) nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) directly if the Corporation wishes to the Depository or its nominee, unless the Issuer, have the Trustee and/or the Depositoryact as interest paying agent, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before no later than 11:00 a.m. (Toronto Time) Montréal time on the Business Day prior to the Interest Payment Date, unless day interest is payable for subsequent payment to Beneficial Holders of the Issuerapplicable Uncertificated Debenture. None of the Corporation, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, or any agent of the Trustee shall pay such funds for any Debenture issued as an Uncertificated Debenture will be liable or responsible to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any Person for any aspect of the Issuer in respect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers' Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(c), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in subsection 2.5(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in subsection 2.5(3), on conversion or on prepayment pursuant to Section 4.1, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, wire transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds or send cheques to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes the Uncertificated Debenture shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, made by wire funds transfer or other electronic transfer on or before 11:00 a.m. certified cheque made payable (Toronto Timei) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) if the Corporation wishes to have the Trustee act as interest paying agent, to the Trustee by no later than the Business Day prior to the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateUncertificated Debenture. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the Directors, a Certificate of the Company or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Company, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by chequecheque or by other means such as electronic transfer of funds, provided the Issuer shall transfer Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to the Trustee in order that holders, such cheque payment shall be forwarded at least three Business Days prior to each date on which interest becomes due. The mailing of such cheque or the applicable Interest Payment Datemaking of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Company or the Debenture Trustee will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment is made of any interest due on each Debenture in the manner provided above, the Company may make payment of such interest or make such interest available for payment in any other manner, such manner acceptable to the Debenture Trustee with the same effect as though payment shall be had been made in a the manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Dateprovided above. (b) The Issuer Notwithstanding Section 2.13(a), if a series of Debentures is represented by a Global Debenture, then all payments of interest on the Global Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (i) to the Debenture Trustee (and then by the Trustee to the Depository or its nominee) any paying agent, or (ii) directly cheque made payable to the Depository or its nominee, unless the Issuerfor subsequent payment (less applicable withholding taxes, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments if any) to Beneficial Holders of interest on interests in that Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day Debenture prior to the Interest Payment Dateday interest is payable, unless the IssuerCompany and the Depository otherwise agree (upon prior written notice to the Debenture Trustee and any such paying agent). None of the Company, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Constellation Software Inc)

Payment of Interest. (1) The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(3) with respect to the Initial Debentures or specified in a resolution of the Managers, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(3), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Company, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Dateeach date on which interest becomes due, and if payment is made in any by other mannermeans (such as electronic transfer of funds), the Trustee must receive confirmation of receipt of funds prior to being able to forward funds or cheques to holders) and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of date such interest on Global Notes shall be transferred by the Issuer to the Trustee such Debenture becomes due. The mailing of such cheque or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. (c) Notwithstanding Sections 2.16(a) of any tax withheld as aforesaid, satisfy and (b)discharge all liability for interest on such Debenture, all payments made under this Sections 2.16 unless in excess the case of $25 million (payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or such other amount as determined from time to time payment of interest by the Canadian Payments Association person to whom it is so sent as aforesaid, the Company will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (including, without limitation, any successor theretointerruption in mail service) shall be from making payment of any interest due on each Debenture in the manner provided above, the Company may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made by in the use of the LVTSmanner provided above.

Appears in 1 contract

Sources: Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the directors of APF Energy, on behalf of the Trust, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Debenture Trustee or any agent of the Debenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Debenture Trustee at the close of business on the fifth Business Day prior to the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of its receipt of funds prior to being required to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Trust will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in that Global Debenture, unless the applicable Interest Payment DateTrust and the Depository otherwise agree. The transfer None of funds by the Issuer to Trust, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Penn West Energy Trust)

Payment of Interest. As interest becomes due on each Debenture (a) The Issuer shall pay the except, subject to certain exceptions set forth herein including conversion, when interest due upon the principal amount of each Definitive Note (except interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Company, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee at the close of business on the applicable Interest Record Date and the Issuer determine to be appropriate) a cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. . The Trustee shall only mail in advance of any Interest Payment Date if it is already in clear receipt of the funds which it is forwarding. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Company will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (bincluding, without limitation, any interruption in mail service) The Issuer shall pay the from making payment of any interest due upon on each Debenture in the principal amount manner provided above, the Company may make payment of each Global Note such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. In respect of Uncertificated Debentures, all payments of cash interest shall be made by wire or other electronic funds transfer by the Issuer either transfers made payable: (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, Company and CDS otherwise agree; or (ii) if the Company wishes to have the Trustee and/or the Depositoryact as interest paying agent, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before no later than 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless Date for subsequent payment to the IssuerDepositary for payment to Beneficial Holders of the applicable Uncertificated Debenture via its participants. None of the Company, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, or any agent of the Trustee shall pay for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the records related to or payments made on account of beneficial interests in any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such funds to the Depository or its nominee on or prior to the applicable Interest Payment Datebeneficial interests. The transfer of funds by the Issuer to For greater certainty, it is acknowledged and agreed that under no circumstances will the Trustee or to be responsible for any tax withholding which may be required in connection with the Depository (or its nominee)Debentures. It is further acknowledged and agreed that any tax withholding in connection with the Uncertificated Debentures will be done by Participants of CDS, as applicable, in accordance with respect to the payment of interest will satisfy their customary practices and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferredprocedures. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Convertible Debenture Indenture (I-80 Gold Corp.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.5(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.5(3) when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, wire transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required by law to be deducted or withheld) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in by other means (such as electronic transfer of funds), provided that for any other mannerpayment to be made by the Trustee, it must receive confirmation of receipt of funds prior to being able to forward funds or cheques to holders and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld or deducted as aforesaid (provided that such taxes which were deducted or withheld were permitted to the appropriate governmental authority in accordance with prescribed law), satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes the Uncertificated Debenture shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, made by wire funds transfer or other electronic transfer on or before 11:00 a.m. certified cheque made payable (Toronto Timei) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) if the Corporation wishes to have the Trustee act as interest paying agent, to the Trustee by no later than the Business Day prior to the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateUncertificated Debenture. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in subsection 2.5(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in subsection 2.5(3), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, wire transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required by law to be deducted or withheld) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on applicable payment date and addressed to the Record Date for each applicable Interest Payment Date holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in by other means (such as electronic transfer of funds), provided that for any other mannerpayment to be made by the Trustee, it must receive confirmation of receipt of funds prior to being able to forward funds or cheques to holders and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer All payments of interest on the Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either or certified cheque made payable (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds payment to the Depository or its nominee by 10:00 a.m. MST on or prior to the applicable Interest Payment DateBusiness Day before the day interest is payable. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture (Modern Mining Technology Corp.)

Payment of Interest. (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive fully registered Note (except on redemption thereof, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer be paid upon surrender of such Note), the Issuer, may be paid only upon presentation either directly or through the Trustee or any agent of such Definitive Note for payment) by forwarding the Trustee, shall send or causing to be forwarded forward by prepaid ordinary mail mail, electronic transfer of funds or such other means as may be agreed to by the Trustee, payment of such interest including any Additional Amounts (less any taxes required by law to be deducted or withheld therefrom) to the order of the Holder of such Note at the close of business on the Record Date prior to the applicable Interest Payment Date and addressed to the Holder at the Holder’s last address appearing on the register (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to address of one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby joint Holders), unless such cheque is not paid on presentation at any of the places at which Holder otherwise directs. Simultaneously with such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereofpayment to a Holder, the Issuer, upon being furnished Issuer shall provide the Trustee with evidence of prompt written notice thereof in accordance with Section 14.3 herein confirming such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteepayment. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days two days prior to the applicable each Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to Holders), such payment shall be made in a manner whereby the recipient Holder receives credit for such payment on the Interest Payment Date. The mailing of such cheque or prior the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any taxes deducted or withheld as aforesaid, satisfy and discharge all liability for interest including any Additional Amounts on such Note to such extent, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Issuer shall issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Issuer is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on any Note in the manner provided above, the Issuer may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. If payment is made through the Trustee, the Issuer shall deliver sufficient funds to the Trustee by electronic transfer on the applicable Interest Payment Date, or on the date of mailing the certified cheques for the interest due on such Interest Payment Date, in each case by 9:00 a.m. (Toronto time) or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Issuer in order to effect such interest payment hereunder. (b) The Issuer shall pay So long as the interest due upon Notes or any portion thereof are issued in the principal amount form of each or represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Note, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on such Global Notes Note shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 9:00 a.m. (Toronto Timetime) on the Business Day prior to the applicable Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the Date by electronic funds are transferred to the Trustee, the Trustee shall pay such funds transfer made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of the applicable Interest Payment Date. The transfer of funds by interests in that Global Note, unless the Issuer to and the Depository otherwise agree.‌ (c) The Trustee or to the Depository (or its nominee)Paying Agent, as applicable, shall have no obligation to disburse funds in respect of any Note pursuant to Section 2.18(a) unless it has received written confirmation satisfactory to it that the funds have been deposited with it in sufficient amount to pay in full all amounts due and payable with respect to such Interest Payment Date for such Note. The Trustee or Paying Agent, as applicable, shall, if it accepts any funds received by it in the payment form of interest will satisfy and discharge uncertified cheques, be entitled to delay the liability time for release of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or funds until such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) uncertified cheques shall be made by determined to have cleared the use of financial institution upon which the LVTSsame are drawn.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or elsewhere in this Indenture or specified in a resolution of the Board of Directors, on behalf of the Trust, Officer's Certificate or supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except on conversion, at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Trust be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Trust, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address registered Debentureholder appearing on the applicable register unless otherwise directed in writing registers maintained by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them Trustee at the last address appearing in close of business on the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three 5th Business Days Day prior to the applicable Interest Payment DateDate and addressed to the Debentureholder at the Debentureholder's last address appearing on the register, unless such Debentureholder otherwise directs. If payment is made by cheque such cheque shall be forwarded as soon as practicable following the date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient Debentureholder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque be not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Trust will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Trust is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Trust may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.15(a), if a series of each Debentures is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer electronic funds transfer on such Interest Payment Date to the Trustee or the Depository (Depositary or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior nominee for subsequent payment to the Interest Payment DateBeneficial Holders in that Global Debenture, unless the Issuer, Trust and the Trustee and/or Depository, as applicable, Depositary otherwise agree. If The record date for the funds are transferred to payment of interest will be that day which is the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or 5th Business Day prior to the applicable Interest Payment Date. The transfer None of funds by the Issuer to Trust, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture (Algonquin Power Income Fund)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or elsewhere in this Indenture or specified in a resolution of the trustees of the REIT, Officer’s Certificate or supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may REIT be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the REIT, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail mail, electronic transfer of funds (if agreed by the Debentureholder) or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any taxes required to be withheld) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date for each 15th day of the month in which the applicable Interest Payment Date at the address appearing occurs (or, if such 15th day is not a Business Day, on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all first Business Day following such joint Holders 15th day) such dates being June 15 and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable December 15 in respect of interest to be paid to the Initial Debentures (each a Holder by wire or other electronic transfer to an account maintained by “Record Date”), unless such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three dated the Interest Payment Date and mailed on or before the 5th Business Days prior to Day preceding the applicable Interest Payment Date to the address of the holder appearing in the register maintained by the Trustee at the close of business on the Record Date, and if . If payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld therefrom as aforesaid, satisfy and discharge all liability for interest then due on such Debenture, unless in the case of payment by cheque, such cheque be not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the REIT will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non- receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the REIT is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the REIT may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer Notwithstanding Section 2.14(a), if a series of Debentures is represented by a Global Debenture, then all payments of interest (less any taxes required to be withheld) on the Global Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee on such Interest Payment Date to the Depository or its nominee) or (ii) directly nominee for subsequent payment to the Depository or its nomineeholders of interests in that Global Debenture, unless the IssuerREIT and the Depository otherwise agree. None of the REIT, the Trustee and/or or any agent of the DepositoryTrustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or for maintaining, as applicablereviewing, otherwise agree. Such funds as or supervising any records relating to such beneficial interests. (c) Notwithstanding Section 2.14(a), if definitive Debentures are required for the issued instead of or in place of Global Debentures, payments of interest (less any taxes required to be withheld) on Global Notes shall each definitive Debenture will be transferred made by electronic funds transfer, if agreed to by the Issuer holder of the definitive Debenture or if required under any applicable payment clearing system rules, or by cheque dated the Interest Payment Date and mailed at least five Business Days preceding the applicable Interest Payment Date to the address of the holder appearing in the register maintained by the registrar for the Debentures at the close of business on the Record Date. Payment of principal at maturity will be made at the principal office of the Trustee or in the Depository City of Toronto (or its nominee)in such other city or cities as may from time to time be designated by the REIT) against surrender of the definitive Debentures, as applicableif any. If the due date for payment of any amount of principal or interest on any Definitive Debenture is not, by wire at the place of payment, a Business Day such payment will be made on the next Business Day and the holder of such definitive Debenture shall not be entitled to any further interest or other electronic transfer on payment in respect of such delay. (d) The Trustee shall disburse such interest payments (less any taxes required to be withheld) to holders of Debentures and shall remit to the proper tax authorities within the period of time prescribed for this purpose under Applicable Law any taxes required to be withheld therefrom only upon receiving the required funds, and under no circumstances shall the Trustee be obligated to disburse amounts of money in excess of what it has received from the REIT. (e) Not less than 24 hours prior to the Interest Payment Date (or before 11:00 a.m. (Toronto Time) on not less than the 6th Business Day prior to the Interest Payment Date, unless the IssuerDate if payment of interest (less any taxes required to be withheld) is to be made by cheque), the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee REIT shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer forward to the Trustee or a Written Direction of the REIT specifying payments to be made. The Trustee shall not be responsible for calculating the Depository (or its nominee), as applicable, with respect to the payment amount of interest will satisfy and discharge owing, but shall be entitled to rely absolutely on the liability Written Direction of the Issuer in respect of REIT specifying the interest then due on such Global Note payments to the extent of the amount transferredbe made. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. Subject to the provisions of Section 2.1(g), as interest becomes due on each Debenture (a) The Issuer shall pay the except, subject to certain exceptions set forth herein including conversion, when interest due upon the principal amount of each Definitive Note (except interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Company be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Company, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee at the close of business on the applicable Interest Record Date and the Issuer determine to be appropriate) a cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. . The Trustee shall only mail in advance of any Interest Payment Date if it is already in clear receipt of the funds which it is forwarding. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Company will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Company is prevented by circumstances beyond its control (bincluding, without limitation, any interruption in mail service) The Issuer shall pay the from making payment of any interest due upon on each Debenture in the principal amount manner provided above, the Company may make payment of each Global Note such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. In respect of Uncertificated Debentures, all payments of cash interest shall be made by wire or other electronic funds transfer by the Issuer either transfers made payable: (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, Company and CDS otherwise agree; or (ii) if the Company wishes to have the Trustee and/or the Depositoryact as interest paying agent, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before no later than 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless Date for subsequent payment to the IssuerDepositary for payment to Beneficial Holders of the applicable Uncertificated Debenture via its participants. None of the Company, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, or any agent of the Trustee shall pay for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the records related to or payments made on account of beneficial interests in any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such funds to the Depository or its nominee on or prior to the applicable Interest Payment Datebeneficial interests. The transfer of funds by the Issuer to For greater certainty, it is acknowledged and agreed that under no circumstances will the Trustee or to be responsible for any tax withholding which may be required in connection with the Depository (or its nominee)Debentures. It is further acknowledged and agreed that any tax withholding in connection with the Uncertificated Debentures will be done by Participants of CDS, as applicable, in accordance with respect to the payment of interest will satisfy their customary practices and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferredprocedures. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Poet Technologies Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in subsection 2.5(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in subsection 2.5(3), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, wire transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding Section 2.16(a), if the interest due upon Debentures are represented by a Global Certificate or otherwise registered in the principal amount name of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the then all payments of interest on the Global Notes Debenture shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, made by wire funds transfer or other electronic transfer on or before 11:00 a.m. certified cheque made payable (Toronto Timei) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Global Debenture, unless the Corporation and the Depository otherwise agree or (ii) if the Corporation wishes to have the Trustee act as interest paying agent, to the Trustee by no later than the Business Day prior to the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or in Article 10 of this Indenture or specified in a resolution of the directors, Officer’s Certificate or supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Debentureholder, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address Debenture appearing on the applicable register unless otherwise directed in writing registers maintained by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them Trustee at the last address appearing in close of business on the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days Day prior to the applicable Interest Payment DateDate and addressed to the holder at the holder’s last address appearing on the register, unless such holder otherwise directs. If payment is made by cheque, such cheque shall be forwarded as soon as practicable following the date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque be not paid at par on presentation. In the event of non receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay None of the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the IssuerCorporation, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments or any agent of interest on Global Notes shall be transferred by the Issuer to the Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the Depository (records related to or its nominee)payments made on account of beneficial interests in any Global Debenture or for maintaining, as applicablereviewing, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior supervising any records relating to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agreesuch beneficial interests. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, Any paying agent with respect to the Debentures shall hold in trust for the benefit of the Debentureholders or the Trustee all sums held by such paying agent for the payment of interest will satisfy on the Debentures, and discharge the liability of the Issuer in respect of the interest then due on such Global Note shall give to the extent Trustee notice of any default by any obligor upon the amount transferredDebentures in the making of any such payment. (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTS.

Appears in 1 contract

Sources: Trust Indenture (MDC Partners Inc)

Payment of Interest. Interest Rights Preserved. Interest on any Note which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Note (or one or more Predecessor Notes) is registered at the close of business on the Regular Record Date for payment of such interest. If the Company shall be required by law to deduct any taxes from any sum of interest payable hereunder to a Holder, (i) the Company shall make such deductions and shall pay the full amount deducted to the relevant taxing authority in accordance with applicable law and (ii) the amount of such deduction shall be treated for purposes hereof as a payment of interest. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date (herein called "Defaulted Interest") shall forthwith cease to be payable to the Holder on the relevant Regular Record Date, and such Defaulted Interest may be paid by the Company, at its election in each case, as provided in Clause (a) or (b) below: (a) The Issuer shall pay Company may elect to make payment of any Defaulted Interest to the interest due upon Persons in whose names the principal amount of each Definitive Note Notes (except interest payable on Maturity or redemption of a Definitive Note which, their respective Predecessor Notes) are registered at the option close of the Issuer, may be paid only upon presentation of such Definitive Note for payment) by forwarding or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) business on a cheque for such interest payable to the Holder of such Definitive Note on the Special Record Date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each applicable Interest Payment Date Note and the date of the proposed payment, and at the address appearing on same time the applicable register unless otherwise directed Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in writing respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this Clause (a) provided. Thereupon, the Trustee shall fix a Special Record Date for the payment of such Defaulted Interest which shall be not more than fifteen (15) days and not less than ten (10) days after the receipt by the Holder orTrustee of the notice of the proposed payment. The Trustee shall promptly notify the Company of such Special Record Date and, in the case of registered joint Holders, payable to all such joint Holders name and addressed to one of them at the last expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first-class postage prepaid, to each Holder at his address appearing as it appears in the applicable register and negotiable at par at each Note Register, not less than ten (10) days prior to such Special Record Date. Notice of the places at which interest upon such Definitive Note is payable. The forwarding proposed payment of such cheque Defaulted Interest and the Special Record Date therefor having been so mailed, such Defaulted Interest shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire the Persons in whose names the Notes (or other electronic transfer to an account maintained by their respective Predecessor Notes) are registered at the close of business on such Holder or in any other manner acceptable Special Record Date and shall no longer be payable pursuant to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Datefollowing Clause (b). (b) The Issuer shall pay Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the interest due requirements of any securities exchange on which the Notes may be listed, and upon the principal amount of each Global Note such notice as may be required by wire or other electronic funds transfer such exchange, if, after notice given by the Issuer either (i) Company to the Trustee of the proposed payment pursuant to this Clause (and then b), such manner of payment shall be deemed practicable by the Trustee Trustee. Subject to the Depository foregoing provisions of this Section, each Note delivered under this Indenture upon registration of transfer of or its nominee) in exchange for or (ii) directly in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note. In the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments case of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee any Note which is converted after any Regular Record Date and on or prior to the applicable corresponding Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note whose Stated Maturity is on such Interest Payment Date shall be deemed to the extent of the amount transferred. continue to accrue and shall be payable on such Interest Payment Date notwithstanding such conversion and notwithstanding that such Note may have been called for redemption on a Redemption Date within such period, and such interest (c) Notwithstanding Sections 2.16(a) and (b), all payments made under this Sections 2.16 in excess of $25 million (whether or such other amount as determined from time to time by the Canadian Payments Association not punctually paid or any successor theretoduly provided for) shall be made paid to the Person in whose name that Note (or one or more Predecessor Notes) is registered at the close of business on such Regular Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Note which is converted, interest whose Stated Maturity is after the date of conversion of such Note shall not be payable (although such accrued and unpaid interest will be deemed paid by the use appropriate portion of the LVTSCommon Shares received by the holders upon such conversion).

Appears in 1 contract

Sources: Indenture (Kranzco Realty Trust)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise specified in Sections 2.4, 2.5 or 2.6 or in a resolution of the directors, Officer's Certificate or supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Indenture Trustee or any agent of the Indenture Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine Indenture Trustee, payment of such interest (less any tax required to be appropriatewithheld therefrom) a cheque for such interest payable to the Holder order of the registered holder of such Definitive Note Debenture appearing on the Record Date for each registers maintained by the Indenture Trustee at the close of business on the last Business Day of the month preceding the month of the applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that cheque such cheque shall be forwarded at least three Business Days prior on the date on which interest becomes due (and, for greater certainty, notwithstanding that the cheque may not be received by the Debentureholder until after the date on which interest becomes due, the Debentureholder shall not be entitled to the applicable Interest Payment Date, interest or other payment in respect of such delay) and if payment is made in any by other mannermeans (such as electronic transfer of funds), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Date.extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque be not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Indenture Trustee with the same effect as though payment had been made in the manner provided above.‌ (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.18(a), if a series of each Global Note Debentures is represented by wire one or other electronic funds transfer by the Issuer either (i) to the Trustee (and more global Debentures, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on Global Notes the global Debentures shall be transferred made by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic funds transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior for subsequent payment to holders of interests in that global Debenture, unless the applicable Interest Payment DateCorporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Indenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Indenture Trustee for any Debenture issued as a global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(3), on conversion, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Dateeach date on which interest becomes due, and if payment is made in any by other mannermeans (such as electronic transfer of funds), the Trustee must receive confirmation of receipt of funds prior to being able to forward funds or cheques to holders) and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like ​ ​ amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer All payments of interest on the Uncertificated Debentures held in CDS shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either made payable (i) to the Trustee (and then by the Trustee to the Depository or its nominee) nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) directly if the Corporation wishes to the Depository or its nominee, unless the Issuer, have the Trustee and/or the Depositoryact as interest paying agent, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before no later than 11:00 a.m. (Toronto Time) time on the Business Day prior to the Interest Payment Date, unless day interest is payable for subsequent payment to the IssuerDepository. None of the Corporation, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, or any agent of the Trustee shall pay such funds for any Debenture issued as an Uncertificated Debenture held in CDS will be liable or responsible to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any person for any aspect of the Issuer in respect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture held in CDS or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture (Vision Marine Technologies Inc.)

Payment of Interest. (a) The Issuer Except as may otherwise be provided herein or in any supplemental indenture or specified in a resolution of the Board of Directors, on behalf of the Corporation, either directly or through the Trustee or any agent of the Trustee, on the date the Interest Obligation is payable under the Indenture the Corporation shall pay and satisfy the interest due upon applicable Interest Obligation and: (i) shall, either through the principal amount of each Definitive Note (except interest payable on Maturity Trustee or redemption of a Definitive Note which, at the option any agent of the IssuerTrustee, may be paid only upon presentation of such Definitive Note for payment) by forwarding send or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any taxes required to be deducted in accordance with Section 2.12) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date for each last Business Day preceding the month of the applicable Interest Payment Date Date, and if by cheque addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque holder otherwise directs. Provided the Trustee is not paid on presentation at any of the places at which such interest is payable. In the event of the non-in receipt of such cheque by funds from the applicable Holder or the lossCorporation prior to making any payment, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If if payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to If the Depository Debentures are represented by one or its nomineemore Global Debentures or NCI System Debentures, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the then all payments of interest on the Global Notes Debentures or NCI System Debentures shall be transferred made by the Issuer electronic funds transfer, certified cheque or other means acceptable to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds made payable to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of interests in the applicable Global Debenture or NCI System Debenture, unless the Corporation and the Depository otherwise agree. None of the Corporation, the Trustee or any agent of the Trustee for any Debenture issued as a Global Debenture or NCI System Debenture will be liable or responsible to any Person for any aspect of the records related to or payments made on account of beneficial interests in any Global Debenture or NCI System Debenture or for maintaining, reviewing, or supervising any records relating to such beneficial interests. (iii) If payment is made through the Trustee, by 9:00 a.m. (Toronto time) at least four Business Days prior to the applicable related Interest Payment Date. The transfer of Date for a Debenture, the Corporation shall deliver sufficient funds by the Issuer to the Trustee by electronic transfer or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to the Depository (or its nominee), as applicable, with respect to the effect such interest payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferredhereunder. (civ) Notwithstanding Sections 2.16(aThe Trustee is authorized by the Corporation to make payments of interest, premium (if any) and (b)principal to holders, all payments made under this Sections 2.16 by electronic funds transfer, upon the request of such holder and the Trustee’s fees payable in excess of $25 million (or such other amount as determined from time to time by respect thereof will be for the Canadian Payments Association or any successor thereto) shall be made by the use account of the LVTSCorporation.

Appears in 1 contract

Sources: Convertible Debenture Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(c), on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds one Business Day prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld and remitted to the appropriate governmental authority as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer All payments of interest to the Depository on an Uncertificated Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior for subsequent payment to Beneficial Owners of the applicable Interest Payment DateUncertificated Debenture, unless the Corporation, the Trustee and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Debenture Indenture (Yukon New Parent, Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4 or Article 5 or specified in a resolution of the Board of Directors, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4, at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, through the Trustee or causing to be forwarded any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date for each 15th day of the month in which the applicable Interest Payment Date occurs (or, if such 15th day is not a Business Day, on the first Business Day prior to such 15th day) such dates being October 15 and April 15 in respect of the Initial Debentures and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded to the Debentureholder at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or the making of such payment by other means shall, to the extent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. The Corporation shall deliver to the Trustee, in immediately available funds, an amount sufficient to satisfy the interest payments payable hereunder (less any tax required to be withheld therefrom) on or before the third Business Day prior to the applicable Interest Payment Datedate on which such interest payments are payable to the Debentureholders under this Section 2.14. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation, through the Trustee, is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation, through the Trustee, may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer Notwithstanding Section 2.14(a), if a series of Debentures or any portion thereof is represented by a Global Debenture, then the delivery of all payments of interest on the Global Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly other means acceptable to the Depository or its nominee, unless the Issuer, or where the Trustee and/or is the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred payment agent made payable to the Trustee, in either case, by no later than 10:00 a.m. (Toronto time) on the Trustee shall pay such funds day interest is payable for subsequent payment to Beneficial Holders of the applicable Global Debenture, unless the Corporation, through the Trustee, and the Depository or its nominee on or prior to otherwise agree. None of the applicable Interest Payment Date. The transfer of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture

Payment of Interest. (a) The Subject to Section 2.16(c), the Issuer shall pay the interest due upon the principal amount of each Definitive Note (except interest payable on Maturity or redemption of a Definitive Note which, at the option of the Issuer, may be paid only upon presentation of such Definitive Note for payment) by forwarding or causing to be forwarded by prepaid ordinary mail (or in the event of mail service interruption, by such other means as the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address appearing on the applicable register unless otherwise directed in writing by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Date, and if payment is made in any other manner, such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Subject to Section 2.16(c), the Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds (to the extent actually received by the Trustee) to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and The Issuer shall have the option, in its sole discretion, to make interest payments on the Notes in kind at any time at a 1.50% premium to the cash coupon on the Notes (bsuch interest, “PIK Interest”); provided, all however, that the Issuer shall not be entitled to make PIK Interest payments made under this Sections 2.16 on the Notes if concurrently with such payments the Issuer satisfies its obligations ranking junior to the Notes in excess of $25 million (or such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTScash.

Appears in 1 contract

Sources: Trust Indenture

Payment of Interest. The following provision shall apply to Debentures, except as otherwise specified in Section 2.4(b) a resolution of the directors of the Corporation, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay As interest on the interest Debentures becomes due upon the principal amount of each Definitive Note (except interest payable at maturity, on Maturity conversion, or redemption of a Definitive Note whichon redemption, which may, at the option of the IssuerCorporation, may be paid only upon presentation and surrender of such Definitive Note for paymentDebentures) by forwarding the Corporation, either directly or causing through the Trustee or an agent of the Trustee, at least three (3) days prior to each date on which interest on such Debentures becomes due, shall forward or cause to be forwarded by prepaid ordinary mail (post, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee and the Issuer determine to be appropriate) a cheque for such interest payable Trustee, to the Holder registered holders of such Definitive Note on the Record Date for each applicable Interest Payment Date at the address Debentures appearing on the applicable register unless otherwise directed in writing registers maintained by the Holder or, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each Trustee as of the places at which interest upon such Definitive Note is payable. The forwarding close of such cheque shall satisfy and discharge business on the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three tenth Business Days Day prior to the applicable Interest Payment Date, and if a cheque for or other payment is made of such interest (less any tax required by law to be deducted) payable to the order of such Debentureholders at their last known addresses appearing on the appropriate register hereinbefore mentioned, or in any other mannerthe case of joint holders, to the one whose name appears first on such register, unless a Debentureholder directs otherwise. The forwarding of such cheque or the making of such payment shall be made in a manner whereby the recipient receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nomineemeans shall, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debentures, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (cincluding, without limitation, any interruption in mail service) Notwithstanding Sections 2.16(a) and (b)from making payment of any interest due on each Debenture in the manner provided above, all payments the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made under this Sections 2.16 in excess the manner provided above. If payment of $25 million (an interest Obligation is made through the Trustee, at least one Business Day prior to each Interest Payment Date or the date of mailing the cheques for the interest due on an Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect such payment. The Debenture Trustee shall disburse such payments only upon receiving, at least one Business Day prior to each such date, funds in an amount as determined from time to time by sufficient for the Canadian Payments Association or any successor thereto) shall be made by the use payment of the LVTSinterest Obligation.

Appears in 1 contract

Sources: Trust Indenture (Endeavour Silver Corp)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in any supplemental indenture in respect of any series of Debentures or specified in a resolution of the Board of Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount on each Debenture (except, subject to certain exceptions set forth herein or in any supplemental indenture in respect of each Definitive Note (except any series of Debentures, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, wire transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on Global Notes Uncertificated Debentures shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, made by wire funds transfer or other electronic transfer on or before 11:00 a.m. certified cheque made payable (Toronto Timei) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) if the Corporation wishes to have the Trustee act as interest paying agent, to the Trustee by no later than the Business Day prior to the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateUncertificated Debenture. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as an Uncertificated Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture (Canopy Growth Corp)

Payment of Interest. (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation shall, on or causing before 11:00 a.m., Calgary time, on the fourth Business Day immediately prior to be forwarded the applicable Interest Payment Date, deliver to the Debenture Trustee a certified cheque, bank draft or wire transfer in an amount sufficient to pay such interest as is payable in respect of such Debentures. Upon receipt of such interest payment from the Corporation, the Debenture Trustee, on behalf of the Corporation, shall then send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Debenture Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Debenture Trustee and the Issuer determine to be appropriate) a cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made to the holder by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the each applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Date. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of date such interest on Global Notes shall be transferred by the Issuer to the Trustee such Debenture becomes due. The mailing of such cheque or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. (c) Notwithstanding Sections 2.16(a) of any tax withheld as aforesaid, satisfy and (b)discharge all liability for interest on such Debenture, all payments made under this Sections 2.16 unless in excess the case of $25 million (payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or such other amount as determined from time to time payment of interest by the Canadian Payments Association Person to whom it is so sent as aforesaid, the Debenture Trustee will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation or the Debenture Trustee is prevented by circumstances beyond its control (including, without limitation, any successor theretointerruption in mail service) shall be from making payment of any interest due on each Debenture in the manner provided above, the Corporation or the Debenture Trustee may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made by in the use of the LVTSmanner provided above.

Appears in 1 contract

Sources: Convertible Secured Debenture Indenture

Payment of Interest. (a1) The Issuer shall pay Except as otherwise provided in Section 2.1(3) or specified in a resolution of the Board of Directors or an Officer’s Certificate, and subject to Section 2.2, as interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.1(3), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable to the Holder close of such Definitive Note business on the Record Date for date that is five (5) Business Days prior to each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days prior to the applicable Interest Payment Dateeach date on which interest becomes due, and if payment is made by other means (such as electronic transfer of funds), the Trustee must receive confirmation of receipt of funds by wire at least three Business Days in any other manner, advance prior to being able to forward funds or cheques to holders) and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on or prior to the applicable Interest Payment Datedate such interest on such Debenture becomes due. (b2) The Issuer shall pay the interest due upon the principal amount mailing of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee such cheque or the Depository (or its nominee)making of such payment by other means shall, as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability of the Issuer in respect of the interest then due on such Global Note to the extent of the sum represented thereby, plus the amount transferred. (c) Notwithstanding Sections 2.16(a) of any tax withheld as aforesaid, satisfy and (b)discharge all liability for interest on such Debenture, all payments made under this Sections 2.16 unless in excess the case of $25 million (payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or such other amount as determined from time to time payment of interest by the Canadian Payments Association person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any successor theretointerruption in mail service) shall be from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made by in the use of the LVTSmanner provided above.

Appears in 1 contract

Sources: Indenture (HEXO Corp.)

Payment of Interest. Except as may otherwise be provided herein (including in respect of the Initial Notes) or in any supplemental indenture in respect of any series of Notes or specified in a resolution of the Board of Directors, on behalf of the Corporation, either directly or through the Trustee or any agent of the Trustee, on the date the Interest Obligation is payable under the Indenture the Corporation shall pay and satisfy the applicable Interest Obligation and: (a) The Issuer shall pay the interest due upon the principal amount of each Definitive Note (except interest payable on Maturity send or redemption of a Definitive Note which, at the option of the Issuer, may be paid only upon presentation of such Definitive Note for payment) by forwarding or causing to be forwarded forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any Taxes required to be deducted in accordance with Section 2.15) to the order of the registered holder of such Note appearing on the registers maintained by the Trustee at the close of business on the fifth Business Day prior to each Interest Payment Date, and the Issuer determine to be appropriate) a if by cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque holder otherwise directs. Provided the Trustee is not paid on presentation at any of the places at which such interest is payable. In the event of the non-in receipt of such cheque by funds from the applicable Holder or the lossCorporation prior to making any payment, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trustee. If if payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Note becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any Tax withheld as aforesaid, satisfy and discharge all liability for interest on such Note, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of nonreceipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including any interruption in mail service) from making payment of any interest due on each Note in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount If a series of each Notes is represented by one or more Global Note by wire Notes or other electronic funds transfer by the Issuer either (i) to the Trustee (and Book Based Only Notes, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes or Book Based Only Notes shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of interests in the applicable Interest Payment DateGlobal Note or Book Based Only Note, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Note issued as a Global Note or Book Based Only Note will be liable or responsible to any Person for any aspect of the interest then due records related to or payments made on such account of beneficial interests in any Global Note or Book Based Only Note or for maintaining, reviewing, or supervising any records relating to the extent of the amount transferredsuch beneficial interests. (c) Notwithstanding Sections 2.16(aIf payment is made through the Trustee, by 9:00 a.m. (Vancouver time) at least five Business Days prior to the related Interest Payment Date for a Note or to the date of mailing the cheques for the interest due on such Interest Payment Date, whichever is earlier, the Corporation shall deliver sufficient funds to the Trustee by electronic transfer or certified cheque or make such other arrangements for the provision of funds as may be agreeable between the Trustee and the Corporation in order to effect payment of such applicable Interest Obligation hereunder. (d) The Trustee is authorized by the Corporation to make payments of interest, premium (if any) and (b)principal to holders, all payments made under this Sections 2.16 by electronic funds transfer, upon the request of such holder and the Trustee's fees payable in excess of $25 million (or such other amount as determined from time to time by respect thereof will be for the Canadian Payments Association or any successor thereto) shall be made by the use account of the LVTSCorporation.

Appears in 1 contract

Sources: Secured Note Indenture (Joway Health Industries Group Inc)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(b) or specified in a resolution of the Board of Directors, an Officers’ Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(b), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation or the Trustee will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due records related to or payments made on account of beneficial interests in any Global Debenture or for maintaining, reviewing, or supervising any records relating to such Global Note to the extent of the amount transferredbeneficial interests. (c) Notwithstanding Sections 2.16(aIf the Corporation chooses to make a home office payment, then it shall confirm to the Trustee that a payment has been made and each registered holder to whom such payments were made shall confirm receipt in writing of such payment to the Trustee. (d) and (b)Should any tax be required by applicable law or administrative practice to be withheld or deducted from any payment or delivery of interest, all payments made under this Sections 2.16 in excess of $25 million premium or principal, the Corporation (or such other amount as determined from time to time by the Canadian Payments Association or any successor theretoagent acting on its behalf) shall remit in the appropriate manner and within the time required to the relevant governmental authority the amount required to be made by the use of the LVTSwithheld or deducted.

Appears in 1 contract

Sources: Debenture Indenture (Molycorp, Inc.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or ARTICLE V or specified in a resolution of the Board of Directors, an Officer's Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4(c), at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the person to whom it is so sent as aforesaid, the Corporation will issue to such person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount Notwithstanding Section 2.14(a), if a series of each Debentures or any portion thereof is represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Brigus Gold Corp.)

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.4(c) or specified in a resolution of the Board of Directors, an Officers' Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.4, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the fifth Business Day prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Date, each date on which interest becomes due and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation, either directly or through the Trustee or any agent of the Trustee, will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee, acting reasonably, with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay the interest due upon the principal amount of each Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the All payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds certified cheque made payable to the Depository or its nominee on or prior the day interest is payable for subsequent payment to Beneficial Holders of the applicable Interest Payment DateGlobal Debenture, unless the Corporation, the Trustee and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Energy Fuels Inc)

Payment of Interest. (1) The following provisions shall apply to Debentures, except as otherwise provided in Section 2.5(3) or specified in a resolution of the Board of Directors, an Officer’s Certificate or a supplemental indenture relating to a particular series of Additional Debentures: (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except except, subject to certain exceptions set forth herein including in Section 2.5(3), on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for payment) by forwarding Debenture), the Corporation, either directly or causing to be forwarded through the Trustee or any agent of the Trustee, shall send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Trustee and at the Issuer determine to be appropriate) a cheque for such interest payable close of business on the record date prior to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date and addressed to the holder at the holder’s last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three Business Days days prior to the applicable Interest Payment Dateeach date on which interest becomes due, and if payment is made in any by other mannermeans (such as electronic transfer of funds), the Trustee must receive confirmation of receipt of funds prior to being able to forward funds or cheques to holders and such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Corporation will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation may make payment of such interest or make such interest available for payment in any other manner acceptable to the Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer All payments of interest on the Uncertificated Debenture shall pay the interest due upon the principal amount of each Global Note be made by wire or other electronic funds transfer by the Issuer either or certified cheque made payable (i) to the Trustee (and then by the Trustee to the Depository or its nominee) nominee on the day interest is payable for subsequent payment to Beneficial Holders of the applicable Uncertificated Debenture, unless the Corporation and the Depository otherwise agree or (ii) directly if the Corporation wishes to the Depository or its nominee, unless the Issuer, have the Trustee and/or the Depositoryact as interest paying agent, as applicable, otherwise agree. Such funds as are required for the payments of interest on Global Notes shall be transferred by the Issuer to the Trustee or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before no later than 11:00 a.m. (Toronto Time) time on the Business Day prior to the Interest Payment Date, unless day interest is payable for subsequent payment to Beneficial Holders of the Issuerapplicable Uncertificated Debenture. None of the Corporation, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, or any agent of the Trustee shall pay such funds for any Debenture issued as an Uncertificated Debenture will be liable or responsible to the Depository or its nominee on or prior to the applicable Interest Payment Date. The transfer of funds by the Issuer to the Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any Person for any aspect of the Issuer in respect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Uncertificated Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Indenture

Payment of Interest. The following provisions shall apply to Debentures, except as otherwise provided in Section 2.2(c): (a) The Issuer shall pay the As interest becomes due upon the principal amount of on each Definitive Note Debenture (except at maturity, on conversion or on redemption, when interest payable on Maturity or redemption of a Definitive Note which, may at the option of the Issuer, may Corporation be paid only upon presentation surrender of such Definitive Note for paymentDebenture) by forwarding the Corporation shall, on or causing before 11:00 a.m., Calgary time, on the fourth (4th) Business Day immediately prior to be forwarded the applicable Interest Payment Date, deliver to the Debenture Trustee a certified cheque, bank draft or wire transfer in an amount sufficient to pay such interest as is payable in respect of such Debentures. Upon receipt of such interest payment from the Corporation, the Debenture Trustee, on behalf of the Corporation, shall then send or forward by prepaid ordinary mail (mail, electronic transfer of funds or in the event of mail service interruption, by such other means as may be agreed to by the Debenture Trustee, payment of such interest (less any tax required to be withheld therefrom) to the order of the registered holder of such Debenture appearing on the registers maintained by the Debenture Trustee and the Issuer determine to be appropriate) a cheque for such interest payable addressed to the Holder of such Definitive Note on the Record Date for each applicable Interest Payment Date holder at the holder's last address appearing on the applicable register unless otherwise directed in writing by the Holder orregister, in the case of registered joint Holders, payable to all such joint Holders and addressed to one of them at the last address appearing in the applicable register and negotiable at par at each of the places at which interest upon such Definitive Note is payable. The forwarding of such cheque shall satisfy and discharge the liability for the interest on such Definitive Note to the extent of the sum represented thereby unless such cheque is not paid on presentation at any of the places at which such interest is payable. In the event of the non-receipt of such cheque by the applicable Holder or the loss, theft or destruction thereof, the Issuer, upon being furnished with evidence of such non-receipt, loss, theft or destruction and indemnity reasonably satisfactory to it, shall issue or cause to be issued to such Holder a replacement cheque for the amount of such cheque. Notwithstanding the foregoing, the Issuer, at its option, may cause the amount payable in respect of interest to be paid to a Holder by wire or other electronic transfer to an account maintained by such Holder or in any other manner acceptable to the Trusteeholder otherwise directs. If payment of interest is made to the holder by cheque, the Issuer shall transfer funds to the Trustee in order that such cheque shall be forwarded at least three (3) Business Days prior to the each applicable Interest Payment Date, Date and if payment is made in any by other mannermeans (such as electronic transfer of funds, provided the Debenture Trustee must receive confirmation of receipt of funds prior to being able to wire funds to holders), such payment shall be made in a manner whereby the recipient holder receives credit for such payment on the date such interest on such Debenture becomes due. The mailing of such cheque or prior the making of such payment by other means shall, to the applicable Interest Payment Dateextent of the sum represented thereby, plus the amount of any tax withheld as aforesaid, satisfy and discharge all liability for interest on such Debenture, unless in the case of payment by cheque, such cheque is not paid at par on presentation. In the event of non-receipt of any cheque for or other payment of interest by the Person to whom it is so sent as aforesaid, the Debenture Trustee will issue to such Person a replacement cheque or other payment for a like amount upon being furnished with such evidence of non-receipt as it shall reasonably require and upon being indemnified to its satisfaction. Notwithstanding the foregoing, if the Corporation or the Debenture Trustee is prevented by circumstances beyond its control (including, without limitation, any interruption in mail service) from making payment of any interest due on each Debenture in the manner provided above, the Corporation or the Debenture Trustee may make payment of such interest or make such interest available for payment in any other manner acceptable to the Debenture Trustee with the same effect as though payment had been made in the manner provided above. (b) The Issuer shall pay Notwithstanding Section 2.11(a), if the interest due upon the principal amount of each Debentures are represented by a Global Note by wire or other electronic funds transfer by the Issuer either (i) to the Trustee (and Debenture, then by the Trustee to the Depository or its nominee) or (ii) directly to the Depository or its nominee, unless the Issuer, the Trustee and/or the Depository, as applicable, otherwise agree. Such funds as are required for the all payments of interest on the Global Notes Debenture shall be transferred made by the Issuer to the Trustee electronic funds transfer or the Depository (or its nominee), as applicable, by wire or other electronic transfer on or before 11:00 a.m. (Toronto Time) on the Business Day prior to the Interest Payment Date, unless the Issuer, the Trustee and/or Depository, as applicable, otherwise agree. If the funds are transferred to the Trustee, the Trustee shall pay such funds cheque made payable to the Depository or its nominee on or prior for subsequent payment to Beneficial Holders of interests in the applicable Interest Payment DateGlobal Debenture, unless the Corporation and the Depository otherwise agree. The transfer None of funds by the Issuer to Corporation, the Debenture Trustee or to the Depository (or its nominee), as applicable, with respect to the payment of interest will satisfy and discharge the liability any agent of the Issuer in respect Debenture Trustee for any Debenture issued as a Global Debenture will be liable or responsible to any Person for any aspect of the interest then due on such Global Note records related to the extent of the amount transferred. (c) Notwithstanding Sections 2.16(a) and (b), all or payments made under this Sections 2.16 on account of beneficial interests in excess of $25 million (any Global Debenture or for maintaining, reviewing, or supervising any records relating to such other amount as determined from time to time by the Canadian Payments Association or any successor thereto) shall be made by the use of the LVTSbeneficial interests.

Appears in 1 contract

Sources: Convertible Debenture Indenture (Transglobe Energy Corp)