Trustee’s Application for Instructions from the Company. Any application by the Trustees for written instructions from the Company (other than with regard to any action proposed to be taken or omitted to be taken by any Trustee that affects the rights of the Holders of the Notes under the Indenture) may, at the option of the Trustees, set forth in writing any action proposed to be taken or omitted by the Trustees under this Indenture and the date on and/or after which such action shall be taken or such omission shall be effective. In the absence of gross negligence or willful misconduct on the part of the Trustees, the Trustees shall not be liable to the Company for any action taken by, or omission of, the Trustees in accordance with a proposal included in such application on or after the date specified in such application (which date shall not be less than three Business Days after the date any officer that the Company has indicated to the Trustees should receive such application actually receives such application, unless any such officer shall have consented in writing to any earlier date), unless, prior to taking any such action (or the effective date in the case of any omission), the Trustees shall have received written instructions in accordance with this Indenture in response to such application specifying the action to be taken or omitted.
Appears in 2 contracts
Sources: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Trustee’s Application for Instructions from the Company. Any application by the Trustees Trustee for written instructions from the Company (other than with regard to any action proposed to be taken or omitted to be taken by any the Trustee that affects the rights of the Holders of the Notes under the Indenture) may, at the option of the TrusteesTrustee, set forth in writing any action proposed to be taken or omitted by the Trustees Trustee under this Indenture and the date on and/or after which such action shall be taken or such omission shall be effective. In the absence of gross negligence or willful misconduct on the part of the TrusteesTrustee, the Trustees Trustee shall not be liable to the Company for any action taken by, or omission of, the Trustees Trustee in accordance with a proposal included in such application on or after the date specified in such application (which date shall not be less than three Business Days after the date any officer that the Company has indicated to the Trustees Trustee should receive such application actually receives such application, unless any such officer shall have consented in writing to any earlier date), unless, prior to taking any such action (or the effective date Effective Date in the case of any omission), the Trustees Trustee shall have received written instructions in accordance with this Indenture in response to such application specifying the action to be taken or omitted.
Appears in 1 contract
Sources: Indenture (Silvercorp Metals Inc)