Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 19 contracts
Sources: Indenture (Vision Marine Technologies Inc.), Debenture Indenture, Convertible Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. Debentureholders All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 6 contracts
Sources: Convertible Debenture Indenture (Siyata Mobile Inc.), Indenture (Aurora Cannabis Inc), Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 6 contracts
Sources: Convertible Debenture Indenture (Safety Shot, Inc.), Debenture Indenture (Yukon New Parent, Inc.), Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail fails to perform any of its covenants and obligations contained in this Indenture, the Trustee may notify the Debentureholders Warrantholders of such the failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersWarrantholders. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 7.2section 6.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default or of its continuing obligations hereunder.
Appears in 4 contracts
Sources: Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp), Warrant Indenture (Vista Gold Corp)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable by the Corporation as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 3 contracts
Sources: Indenture (Modern Mining Technology Corp.), Indenture (Modern Mining Technology Corp.), Secured Convertible Debenture Indenture (Starfighters Space, Inc.)
Performance of Covenants by Trustee. If the Corporation Company shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation Company or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. Debentureholders All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.20. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation Company of any default hereunder.
Appears in 3 contracts
Sources: Debenture Indenture, Debenture Indenture, Debenture Indenture
Performance of Covenants by Trustee. If the Corporation Company shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation Company or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation Company of any default hereunder.
Appears in 2 contracts
Sources: Convertible Debenture Indenture, Convertible Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but the Trustee shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.210.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 2 contracts
Sources: First Supplemental Convertible Debenture Indenture (Mogo Inc.), Convertible Debenture Indenture (Mogo Finance Technology Inc.)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.28.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 2 contracts
Sources: Convertible Debenture Indenture, Convertible Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail Company fails to perform any of its covenants contained in this IndentureAgreement, the Trustee may notify the Debentureholders Special Warrantholders of such the failure on the part of the Corporation Company or may itself perform any of the said covenants capable of being performed by it, but shall will be under no obligation to do so or to notify the DebentureholdersSpecial Warrantholders. All sums so expended or advanced by the Trustee shall in so doing will be repayable as provided in Section 7.2section 9.2. No such performance, expenditure or advance by the Trustee shall will be deemed to relieve the Corporation Company of any default hereunderunder this Agreement.
Appears in 2 contracts
Sources: Special Warrant Agreement (Urbana Ca Inc), Special Warrant Agreement (Urbana Ca Inc)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders Debt Security holders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersDebt Security holders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.211.7. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 2 contracts
Sources: Trust Indenture (Cnooc LTD), Trust Indenture (Nexen Inc)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, Trust Indenture the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but subject to Section 6.03 and Section 11.02 shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.repayable
Appears in 1 contract
Sources: Trust Indenture (Bce Inc)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indentureany Note Document, the Trustee may notify the Debentureholders Noteholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but the Trustee shall be under no obligation to do so or to notify the DebentureholdersNoteholders. All sums so expended or advanced by the Trustee shall be promptly repayable as provided in Section 7.2by the Noteholders. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderunder any Note Document.
Appears in 1 contract
Sources: Secured Note Indenture (Joway Health Industries Group Inc)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but (subject to Section 8.2 and Section 15.3) shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Convertible Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but the Trustee shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Convertible Debenture Indenture
Performance of Covenants by Trustee. β If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Convertible Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, Indenture the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may may, subject to section 10.01, itself perform any of the such covenants capable of being performed by itit or its agents, but shall be under no obligation to do so or to notify the Debentureholdersso. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2section 4.02. No such performance, expenditure performance or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.. Default And Enforcement
Appears in 1 contract
Sources: Trust Indenture (Caterpillar Financial Services Corp)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders Noteholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but (subject to Sections 7.2 and 14.3) shall be under no obligation to do so or to notify the DebentureholdersNoteholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Indenture (Terrace Energy Corp)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 7.25.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Performance of Covenants by Trustee. If the Corporation shall fail Company fails to perform any of its covenants contained in this IndentureAgreement, the Trustee may notify the Debentureholders Warrantholders of such the failure on the part of the Corporation Company or may itself perform any of the said covenants capable of being performed by it, but shall will be under no obligation to do so or to notify the DebentureholdersWarrantholders. All sums so expended or advanced by the Trustee shall in so doing will be repayable as provided in Section 7.2section 8.2. No such performance, expenditure or advance by the Trustee shall will be deemed to relieve the Corporation Company of any default hereunderunder this Agreement.
Appears in 1 contract
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, Indenture the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may may, subject to section 10.1, itself perform any of the such covenants capable of being performed by itit or its agents, but shall be under no obligation to do so or to notify the Debentureholdersso. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2section 4.2. No such performance, expenditure performance or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders Noteholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersNoteholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Indenture (Sundial Growers Inc.)
Performance of Covenants by Trustee. If the Corporation Company shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation Company or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. Debentureholders All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation Company of any default hereunder.
Appears in 1 contract
Sources: Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.27.1(a). No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, Indenture the Trustee may notify the Debentureholders Debt Security holders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersDebt Security holders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.211.7. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Trust Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may shall notify the Debentureholders Warrantholders of such failure on the part of the Corporation in accordance with Section 6.4 or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 9.2, shall be under no obligation to do so or to notify the Debentureholdersperform said covenants. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 7.25.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, Indenture the Trustee may notify the Debentureholders Debenture holders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersDebenture holders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.211.7. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Performance of Covenants by Trustee. If the Corporation Company shall fail to perform any of its covenants contained in this Indenture, Trust Indenture the Trustee may notify the Debentureholders debenture holders of such failure on the part of the Corporation Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholdersdebenture holders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.25.02. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation Company of any default hereunder.
Appears in 1 contract
Performance of Covenants by Trustee. If the Corporation Company shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders Warrantholders of such the failure on the part of the Corporation Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersWarrantholders. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 7.2. section i. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation Company of any default hereunder.
Appears in 1 contract
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersWarrantholders. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 7.25.02. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Special Warrant Indenture (Brocker Technology Group LTD)
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholdersso. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but (subject to Sections 8.2 and 14.3) shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Convertible Debenture Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this IndentureIndenture or any other Indenture Document, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Secured Trust Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. Debentureholders All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.26.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Indenture
Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but (subject to Sections 8.2 and 15.3) shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 7.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.
Appears in 1 contract
Sources: Convertible Debenture Indenture (Brigus Gold Corp.)