Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.
Application to Court. The Trustee may at any time after the service of an Acceleration Notice apply to any court of competent jurisdiction for an order that the terms of this Indenture be carried into execution under the direction of such court and for the appointment of a Receiver of the Collateral or any part thereof and for any other order in relation to the administration of this Indenture as the Trustee shall deem fit, and it may assent to or approve any application to any court of competent jurisdiction made at the instigation of any of the Noteholders and shall be indemnified by the Issuer against all costs, charges and expenses incurred by it in relation to any such application or proceedings.
Application to Court. If any payment by the Company under this Indemnity Agreement would be prohibited under paragraph 3 unless approved by a court, or if there shall be a disagreement between the Company and any Indemnitee as to whether or not an indemnification under this Indemnity Agreement would be prohibited under paragraph 3 unless approved by the court, the Company, at its own expense and in good faith, will promptly take proceedings to obtain that approval or such other appropriate determination. The Company shall indemnify the Indemnitees for the amount of all costs incurred by any or all of them in obtaining any court approval contemplated by this paragraph 6.1, including without limitation all legal fees and disbursements.
Application to Court. The Bond Trustee may at any time after the Security created under or pursuant to this Agreement will have become enforceable apply to the court for an order that the powers and trusts of this Agreement be exercised or carried into execution under the direction of the court and for the appointment of a Receiver of the Guarantor and/or the Charged Property or any part thereof, as provided in Section 9.1 (Appointment) and for any other order in relation to the execution and administration of the powers and trusts hereof as the Bond Trustee will deem expedient, and it may assent to or approve any such application to the court made at the instance of any of the other Secured Creditors.
Application to Court. The Ninth Issuer Security Trustee may at any time after the occurrence of a Ninth Issuer Note Event of Default apply to the Court for an order that the powers and trusts of this Deed be exercised or carried into execution under the direction of the Court and for the appointment of a Receiver of the Ninth Issuer Charged Property or any part thereof and for any other order in relation to the execution and administration of the powers and trusts hereof as the Ninth Issuer Security Trustee shall deem expedient, and it may assent to or approve any application to the Court made at the instance of any of the Ninth Issuer Noteholders.
Application to Court. If the Suppliers are unable to agree on the nomination of an arbitrator within 20 days of the receipt of the Sponsor’s notice nominating its arbitrator, any of the Suppliers or the Sponsor may apply to a judge of the Superior Court of Justice of Ontario to appoint the arbitrator. If the two arbitrators are unable to agree on a chair person within 30 days of the nomination or appointment of the Supplier’s arbitrator, any of the Suppliers or the Sponsor may apply to a judge of the Superior Court of Justice of Ontario to appoint the chair person.
Application to Court. If any payment by the Parent Company under Section 1 first requires the approval of any court, the Parent Company at its own expense and in good faith will promptly take proceedings to obtain that approval. The Parent Company shall indemnify the Indemnitees for the amount of all costs incurred by any or all of them in obtaining any court approval required to enable or require the Parent Company to make a payment under this Indemnity Agreement or to enforce this Indemnity Agreement, including without limitation all legal fees and disbursements.
Application to Court. Subject to Article 17.3, the Community or the Trustees may, with the written consent of Manitoba and Hydro, which consents shall not be unreasonably withheld, apply to a court of competent jurisdiction to terminate and dissolve or amend the terms and conditions of this Indenture. Such application may proceed in the absence of written consent from Manitoba or Hydro if the court determines such consent has been unreasonably withheld or is unnecessary in the circumstances.
Application to Court. The City may apply to a court of competent jurisdiction for an injunction prohibiting a proposed Transfer in violation of this Restriction, for a declaration that a Transfer is void or for any other such relief as may be appropriate.
Application to Court. Notwithstanding a determination by any forum listed in Section 8(c) hereof that the Indemnitee is not entitled to indemnification with respect to a specific proceeding, the Indemnitee shall have the right to apply to the Court of Chancery of the State of Delaware, the court in which that proceeding is or was pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification pursuant to this Agreement.