Performance of Covenants by Warrant Agent. Subject to section 9.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 6 contracts
Sources: Warrant Indenture (Aurora Cannabis Inc), Warrant Indenture (Aurora Cannabis Inc), Warrant Indenture
Performance of Covenants by Warrant Agent. Subject to section 9.7Section 8.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 twenty-five (25) Business Days after either giving notice of such default pursuant to Section 4.1(10) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 4.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 5 contracts
Sources: Warrant Indenture (Planet 13 Holdings Inc.), Warrant Indenture (Planet 13 Holdings Inc.), Warrant Indenture (Planet 13 Holdings Inc.)
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 5 contracts
Sources: Common Share Purchase Warrant Indenture (Silver Wheaton Corp.), Common Share Purchase Warrant Indenture (Goldcorp Inc), Common Share Purchase Warrant Indenture (Goldcorp Inc)
Performance of Covenants by Warrant Agent. Subject to section 9.7Section 8.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to Section 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 4.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 4 contracts
Sources: Warrant Indenture (First Person Ltd.), Warrant Indenture (Mind Medicine (MindMed) Inc.), Warrant Indenture (Cybin Inc.)
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to Section 4.1(10) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 3 contracts
Sources: Warrant Indenture (Planet 13 Holdings Inc.), Warrant Indenture, Warrant Indenture
Performance of Covenants by Warrant Agent. Subject to section 9.7subsection 8.2(g), if the Company shall fail fails to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 15 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall will be under no obligation to perform said covenantscovenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall will be repayable as provided in section 5.44.2. No such performance, expenditure or advance disbursement by the Warrant Agent shall will be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 3 contracts
Sources: Warrant Indenture (Crosshair Exploration & Mining Corp), Warrant Indenture (MIGENIX Inc.), Warrant Indenture (MIGENIX Inc.)
Performance of Covenants by Warrant Agent. Subject to section 9.7, if If the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 3 contracts
Sources: Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.), Warrant Indenture (Geovic Mining Corp.)
Performance of Covenants by Warrant Agent. Subject to section Section 9.7, if the Company Corporation shall fail to perform any of its covenants contained in this Indenture and the Company Corporation has not rectified such failure within 10 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 5.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company Corporation of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 2 contracts
Sources: Warrant Indenture (Cardiol Therapeutics Inc.), Warrant Indenture (IMV Inc.)
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 2 contracts
Sources: Common Share Purchase Warrant Indenture (Sandstorm Gold LTD), Common Share Purchase Warrant Indenture (Sandstorm Gold LTD)
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 2 contracts
Sources: Purchase Warrant Indenture (Peru Copper Inc), Purchase Warrant Indenture (Peru Copper Inc.)
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(12) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 2 contracts
Sources: Common Share Purchase Warrant Indenture (KWESST Micro Systems Inc.), Common Share Purchase Warrant Indenture
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 Business Days after receiving written notice from the Warrant Agent of such failureIndenture, the Warrant Agent may shall notify the Warrantholders of such failure on the part of the Company, upon receipt of written notice from the Company of such failure to perform, or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders that it is doing so. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Sources: Warrant Indenture
Performance of Covenants by Warrant Agent. Subject to section 9.7, if If the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 ten (10) Business Days after either giving notice of such default pursuant to subsection 4.1(10) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to provide such notice or perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 4.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Performance of Covenants by Warrant Agent. Subject to section 9.78.6, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may shall notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Sources: Warrant Indenture
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Sources: Common Share Purchase Warrant Indenture (Silver Wheaton Corp.)
Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 Business Days 25 business days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Sources: Common Share Purchase Warrant Indenture (Wheaton River Minerals LTD)
Performance of Covenants by Warrant Agent. Subject to section 9.78.6, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(h) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may shall notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Sources: Warrant Indenture
Performance of Covenants by Warrant Agent. β Subject to section 9.78.6, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(12) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Performance of Covenants by Warrant Agent. Subject to section 9.7Section 8.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may shall notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract