Common use of Deposit of Redemption Monies Clause in Contracts

Deposit of Redemption Monies. Redemption of Debentures shall be provided for by the Corporation depositing with the Debenture Trustee or any paying agent to the order of the Debenture Trustee, on or before 1:00 p.m. (Calgary Time) on the Business Day immediately prior to the Redemption Date specified in such notice, such sums of money, as may be sufficient to pay the Redemption Price of the Debentures so called for redemption, plus, if accrued interest is not included in the Redemption Price, accrued and unpaid interest thereon up to but excluding the Redemption Date, provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques or a wire transfer for such amounts required under this Section 4.5 post-dated to the Redemption Date or by providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to the Redemption Date. The Corporation shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, to the holders of such Debentures so called for redemption, upon surrender of such Debentures, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption, less applicable withholding taxes, if any.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)

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Deposit of Redemption Monies. Redemption of Upon Debentures shall be provided being called for by redemption, the Corporation depositing shall deposit with the Debenture Trustee or any paying agent Paying Agent to the order of the Debenture Trustee, on or before 1:00 p.m. 11:00 a.m. (Calgary Timetime) on the Business Day immediately prior to the Redemption Date specified in such noticethe Redemption Notice, such sums of money, money as may be sufficient to pay the Redemption Price of the Debentures so called for redemption, plus, if accrued interest is not included in the Redemption Price, plus accrued and unpaid interest thereon up to but excluding the Redemption Date, provided the Corporation may elect less any Taxes required by law to satisfy this requirement by providing the Debenture Trustee with one be deducted or more certified cheques or a wire transfer for such amounts required under this Section 4.5 post-dated to the Redemption Date or by providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to the Redemption Datewithheld therefrom. The Corporation shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, to the holders Holders of such Debentures so called for redemption, upon surrender of such Debentures, the principal, premium (if any) principal and interest (if any) to which they are respectively entitled on redemption. Payment of funds to the Trustee upon redemption of Debentures shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Corporation and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, less all payments in excess of $25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) shall be made by the use of the LVTS; and in the event that payment must be made to the Depository, the Corporation shall remit payment to the Trustee by LVTS. The Trustee shall have no obligation to disburse funds pursuant to this Section 3.9 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 on the applicable withholding taxesRedemption Date. The Trustee shall, if anyit 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 2 contracts

Samples: webfiles.thecse.com, webfiles.thecse.com

Deposit of Redemption Monies. Redemption of Debentures shall be provided for by the Corporation depositing with the Debenture Trustee or any paying agent to the order of the Debenture Trustee, on or before 1:00 p.m. (Calgary Time) on the Business Day immediately prior to the Redemption Date specified in such notice, such sums of money, money as may be sufficient to pay the Redemption Price of the Debentures so called for redemption, plus, if accrued interest is not included included, in the Redemption Price, accrued and unpaid interest thereon up to but excluding the Redemption Date, Date provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques or a wire transfer for such amounts required under this Section 4.5 post-dated to the Redemption Date or by providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to the Redemption Date. The Corporation shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, to the holders of such Debentures so called for redemption, upon surrender of such Debentures, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption, less applicable withholding taxes, if any.

Appears in 1 contract

Samples: Convertible Secured Debenture Indenture

Deposit of Redemption Monies. Redemption If the Company shall require a Noteholder, any of Debentures whose Notes are liable to be repaid under these Conditions or the Instrument, to deliver to the Company the certificate or certificates therefor and such Noteholder shall fail or refuse to deliver up the certificate or certificates therefor or to provide an indemnity in a form acceptable to the Directors on the date and at the place fixed for the repayment thereof or if a Noteholder shall fail or refuse to accept payment of the redemption moneys payable in respect thereof, the moneys payable to such Noteholder may be set aside by the Company and paid into a separate bank account and held by the Company in trust for such Noteholder (on terms that if the failure or refusal which resulted in the payment being made into the bank account is remedied then payment of such moneys shall be provided for by the Corporation depositing with the Debenture Trustee or any paying agent made to the order Noteholder on demand) and such setting aside and payment shall be deemed for all the purposes of these Conditions to be a payment to such Noteholder and the Debenture Trustee, on or before 1:00 p.m. Company shall (Calgary Time) on the Business Day immediately prior without prejudice to the Redemption Date specified in terms of such notice, such sums of money, trust as may aforesaid) thereby be sufficient to pay the Redemption Price of the Debentures so called for redemption, plus, if accrued interest is not included in the Redemption Price, accrued and unpaid interest thereon up to but excluding the Redemption Date, provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques or a wire transfer for such amounts required under this Section 4.5 post-dated to the Redemption Date or by providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to the Redemption Date. The Corporation shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee discharged from all obligations in connection with such redemptionNotes. Every such If the Company shall place the moneys so set aside on deposit at a bank (being an authorised institution under the Banking Act 1987) the Company shall not thereby be irrevocable. From responsible for the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, to the holders safe custody of such Debentures so called moneys or for redemption, upon surrender of interest thereon except such Debentures, the principal, premium (if any) and interest (if any) as the said moneys may earn whilst on deposit less any expenses incurred by the Company in connection therewith. Any such amount so paid or deposited which remains unclaimed after a period of six years in the case of interest, and 12 years in the case of principal from the date on which the relevant payment first became due shall revert to which they are respectively the Company and the relevant Noteholders shall cease to be entitled on redemptionthereto, less applicable withholding taxesnotwithstanding that, if anyin the intervening period, the obligation to pay the same may have been accounted for in the books, accounts and other records of the Company.

Appears in 1 contract

Samples: Impac Group Inc /De/

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Deposit of Redemption Monies. Redemption of Debentures shall (a) Except as may otherwise be provided in any Supplemental Indenture or, in the case of the Series A Second Lien Notes, Article 3 or the Series B Second Lien Notes, Article 4, upon Notes being called for by redemption, the Corporation depositing Issuer shall deposit with the Debenture Trustee or any paying agent Trustee, for onward payment to the order of the Debenture TrusteeDepository, on or before 1:00 p.m. 11:00 a.m. (Calgary TimeToronto time) on the Business Day immediately prior to the Redemption Date specified in such noticethe Redemption Notice, such sums of money, money as may be sufficient to pay the Redemption Price of the Debentures Notes so called for redemption, plus, if accrued interest is not included in the Redemption Price, plus accrued and unpaid interest thereon up to but excluding the Redemption Date, provided the Corporation may elect less any Taxes required by law to satisfy this requirement by providing the Debenture Trustee with one be deducted or more certified cheques or a wire transfer for such amounts required under this Section 4.5 post-dated to the Redemption Date or by providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to the Redemption Datewithheld therefrom. The Corporation Issuer shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, to the holders Depository on behalf of the Holders of such Debentures Notes so called for redemption, upon surrender of such DebenturesNotes, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption. (b) Payment of funds to the Trustee upon redemption of Notes shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreed between the Issuer and the Trustee in order to effect such payment hereunder. Notwithstanding the foregoing, less (i) all payments in excess of U.S.$25,000,000 (or such other amount as determined from time to time by the Canadian Payments Association) 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 6.7 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 on the applicable withholding taxesRedemption Date. The Trustee shall, if any.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

Appears in 1 contract

Samples: Jushi Holdings Inc.

Deposit of Redemption Monies. Redemption of Debentures shall be provided for by the Corporation depositing with the Debenture Trustee or any paying agent to the order of the Debenture Trustee, on or before 1:00 p.m. 11:00 a.m. (Calgary TimeVancouver time) on the Business Day immediately prior to preceding the Redemption Date specified in such notice, such sums of money, as may be sufficient to pay the Redemption Price of the Debentures so called for redemption, plus, if accrued interest is not included in the Redemption Price, plus accrued and unpaid interest thereon up to but excluding the Redemption Date, provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques an electronic transfer of funds or a wire transfer cheque postdated to the Redemption Date for such amounts required under this Section 4.5 post-dated to the Redemption Date or by providing the Debenture trustee with such funds through electronic transfer of funds on the Business Day immediately prior to the Redemption Date5.5. The Corporation shall also deposit with the Debenture Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Debenture Trustee in connection with such redemption. Every such deposit shall be irrevocable. From the sums so deposited, the Debenture Trustee shall pay or cause to be paid, or issue or cause to be issued, paid to the holders of such Debentures so called for redemption, upon surrender of such Debentures, the principal, premium (if any) and interest (if any) to which they are respectively entitled on redemption, less net of any tax required to be deducted. The Trustee shall have no obligation to disburse funds pursuant to this Section 5.5 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 on the applicable withholding taxesRedemption Date. The Trustee shall, if anyany 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. For the avoidance of doubt, if any funds are received by the Trustee in the form of uncertified cheques, the Corporation’s payment obligation under this Section 5.5 shall not be treated as satisfied until such uncertified cheques shall be determined to have cleared the financial institution upon which the same are drawn.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

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