Common use of Payments of Amounts Due on Maturity Clause in Contracts

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company will establish and maintain with the Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the Maturity Date for Debentures outstanding from time to time under this Indenture, the Company will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required to be deducted). The Trustee, on behalf of the Company, will pay to each holder entitled to receive payment the principal amount of and accrued and unpaid interest on a Debenture, upon surrender of such Debenture at the main branch of the Trustee in Toronto, Ontario and any other branch of the Trustee designated for such purpose from time to time by the Company and the Trustee. The delivery of such funds to the Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 2 contracts

Samples: Convertible Debenture Indenture, Convertible Debenture Indenture

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Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary Time on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Trust will deliver to the Debenture Trustee an electronic transfer of funds or a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Trust may elect to satisfy this requirement by providing the Debenture Trustee with a cheque for such amounts required under this Section 2.13 post-dated to the applicable Maturity Date. The Debenture Trustee, on behalf of the CompanyTrust, will pay to each holder entitled to receive payment the principal amount of and accrued and unpaid interest premium (if any) on a the Debenture, upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 2 contracts

Samples: Trust Indenture (Canetic Resources Trust), Trust Indenture (Penn West Energy Trust)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures herein and subject to Section 4.104.11, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. 1:00 p.m. (Toronto Calgary time) on the Business Day immediately prior to the Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducteddeducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.10. The Debenture Trustee, on behalf of the CompanyCorporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a the Debenture, upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered deposited or made available the amount to which it such holder is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 2 contracts

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

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10except as otherwise provided in this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Trustee will establish and maintain with for the Trustee residual benefit of the Issuer, a Maturity Debt Account for each series of Debentures. Each such Maturity Debt Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (a.m., Toronto time) time on the Business Day immediately prior to the Maturity Date each maturity date for Debentures outstanding from time to time under this Indenture, the Company Issuer will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Debt Account in an amount sufficient to pay the cash amount payable in respect of such Debentures Debentures, (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted)) provided the Issuer may elect to satisfy this requirement by providing the Trustee with a certified cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity date or the Issuer may satisfy this requirement by an electronic funds transfer of such sums of money on the applicable maturity date. The Trustee, on behalf of the Company, Issuer will pay to each holder Debentureholder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a Debenturethe Debenture (less any tax required to be deducted on the maturity date), upon surrender of such the Debenture at the main branch of the Trustee in Toronto, Ontario and any other branch of the Trustee designated for such purpose from time to time by the Company and the TrusteeDesignated Office. The delivery deposit or making available of such funds to the Trustee for deposit amounts to the applicable Maturity Debt Account will satisfy and discharge the liability of the Company Issuer for the Debentures to which the delivery deposit or making available of funds relates to the extent of the amount delivered deposited or made available (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder Debentureholder will have no other right in regard thereto other than to receive out of the money so delivered deposited or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 2 contracts

Samples: Trust Indenture (Algonquin Power & Utilities Corp.), Trust Indenture (Algonquin Power & Utilities Corp.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Corporation will establish and maintain with the Trustee Trustees a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee Trustees for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Corporation will deliver to the Trustee Trustees a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required to be deductedthereon). The TrusteeTrustees, on behalf of the CompanyCorporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a the Debenture, upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Trustee Trustees designated for such purpose from time to time by the Company Corporation and the TrusteeTrustees. The delivery of such funds to the Trustee Trustees for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company will deliver to the Debenture Trustee a certified cheque or wire transfer funds for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deductedwithheld or deducted therefrom). The Debenture Trustee, on behalf of the Company, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a Debenturethe Debenture (less any tax required to be withheld or deducted therefrom), upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax withheld or deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders Payment of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered funds to the Company by the Debenture Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders upon maturity of the Debentures in respect shall be made by electronic transfer or pursuant to such other arrangements for the provision of which such monies or Common Shares, if applicable, were so repaid to funds as may be agreeable between the Company and the Debenture Trustee in order to effect such maturity payment hereunder. The Debenture Trustee shall have no rights disburse such maturity payments only upon receiving, at least one Business Day prior to each Maturity Date, funds in respect thereof except to obtain payment and delivery of an amount sufficient for the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontariomaturity payment. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or all payments in excess of $25 million in Canadian dollars (or such other amount as determined from time to time by the amount Canadian Payments Association) shall be made by the use of the remaining Large Value Transfer System (“LVTS”). The Debenture Trustee shall have no obligation to disburse funds as security for pursuant to this Section 2.13 until it has received written confirmation satisfactory to it that the Company’s continuing obligations hereunder, including the payments of any funds have been deposited with it in sufficient amount to pay in full all amounts due to holders of Debenturesand payable on the applicable Maturity Date. If the remaining The Debenture Trustee shall, if any funds are paid received by it in the form of uncertified cheques, be entitled to delay the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee time for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date release of such payment of funds until such uncertified cheques shall be determined to have cleared the remaining funds to financial institution upon which the Company but prior to six years after such setting asidesame are drawn.

Appears in 1 contract

Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.104.11, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the Maturity Date each maturity date for Debentures outstanding from time to time under this Indenture, the Company Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in US dollars an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducteddeducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, for such amounts required under this Section 2.13 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the CompanyCorporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a the Debenture, upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaidaforesaid and remitted to the appropriate governmental authority) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered deposited or made available the amount to which it such holder is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Trust Indenture (Primero Mining Corp)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Trust will establish and maintain with the Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Calgary time) on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Trust will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Trust may elect to satisfy this requirement by providing the Trustee with a certified cheque for such amounts required under this Section 2.13 post-dated to the applicable Maturity Date. The Trustee, on behalf of the CompanyTrust, will pay to each holder entitled to receive payment the principal amount of and accrued and unpaid interest on a the Debenture, upon surrender of such the Debenture at the main branch of the Trustee in Toronto, Ontario and any other branch of the Trustee designated for such purpose from time to time by the Company Trust and the Trustee. The delivery of such funds to the Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Paramount Energy Trust (Perpetual Energy Inc.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in this Indenture and any supplemental indenture in respect of any series of Debentures and subject to Section 4.10Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company will establish and maintain with the Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the Maturity Date each maturity date for Debentures outstanding from time to time under this Indenture, the Company will deliver shall have wired funds to the Debenture Trustee a certified cheque by electronic transfer of funds (provided the Debenture Trustee must have received confirmation of receipt of such funds on or wire transfer for deposit in the applicable Maturity Account before such time) in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount and premium (if any), together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Company may elect to satisfy this requirement by providing the Debenture Trustee with a certified cheque for such amounts required under this Section 2.12 post-dated to the applicable maturity date. The Debenture Trustee, on behalf of the Company, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a Debenturethe Debenture (less applicable withholding taxes, if any), upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted of as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it such holder is entitled. Subject All payments to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company made by the Debenture Trustee and thereupon the Trustee shall will be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations 13.10 hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Put Notice (Constellation Software Inc)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments Payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company will establish and maintain with the Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount Maturity Date Payment together with any accrued and unpaid interest thereon less any tax required by law to be deducted). The Trustee, on behalf of the Company, will pay to each holder entitled to receive payment of the principal amount of and accrued and unpaid the interest (if any) on a the Debenture, upon surrender of such the Debenture at the main branch of the Trustee in Toronto, Ontario and any other branch Toronto office of the Trustee designated for such purpose from time to time by the Company and the Trustee. The delivery of such funds to the Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable lawFor greater certainty, any monies set aside it is acknowledged and agreed that under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by no circumstances will the Trustee and thereupon be responsible for any tax withholding which may be required in connection with the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If It is further acknowledged and agreed that any tax withholding in connection with the remaining funds are paid to the Company prior to the expiry Uncertificated Debentures will be done by Participants of six years after such setting asideCDS, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting asidein accordance with their customary practices and procedures.

Appears in 1 contract

Samples: Convertible Debenture Indenture (I-80 Gold Corp.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in this Indenture and in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Corporation will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary Time on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company will deliver to Corporation shall have transferred funds by electronic transfer of funds (provided the Debenture Trustee a certified cheque must have received confirmation of receipt of such funds on or wire transfer before such time) for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Corporation may elect to satisfy this requirement by providing the Debenture Trustee with a certified cheque or banker's draft for such amounts required under this Section 2.14 post-dated to the applicable Maturity Date. The Debenture Trustee, on behalf of the CompanyCorporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a Debenturethe Debentures (less applicable withholding taxes, if any) upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company Corporation and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it such holder is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Indenture (PENGROWTH ENERGY Corp)

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Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. a.m., (Toronto Calgary time) on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Trust will deliver to the Debenture Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Trust may elect to satisfy this requirement by providing the Debenture Trustee with a cheque for such amounts required under this Section 2.13 post-dated to the applicable Maturity Date. The Debenture Trustee, on behalf of the CompanyTrust, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a the Debenture, upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Harvest Energy Trust

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10except as otherwise provided in this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Trustee will establish and maintain with for the Trustee residual benefit of the Trust, a Maturity Debt Account for each series of Debentures. Each such Maturity Debt Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (a.m., Toronto time) time on the Business Day immediately prior to the Maturity Date each maturity date for Debentures outstanding from time to time under this Indenture, the Company Trust will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Debt Account in an amount sufficient to pay the cash amount payable in respect of such Debentures Debentures, (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted)) provided the Trust may elect to satisfy this requirement by providing the Trustee with a certified cheque for such amounts required under this Section 2.13 post-dated to the applicable maturity date or the Trust may satisfy this requirement by an electronic funds transfer of such sums of money on the applicable maturity date. The Trustee, on behalf of the Company, Trust will pay to each holder Debentureholder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a Debenturethe Debenture (less any tax required to be deducted on the maturity date), upon surrender of such the Debenture at the main branch of the Trustee in Toronto, Ontario and any other branch of the Trustee designated for such purpose from time to time by the Company and the TrusteeDesignated Office. The delivery deposit or making available of such funds to the Trustee for deposit amounts to the applicable Maturity Debt Account will satisfy and discharge the liability of the Company Trust for the Debentures to which the delivery deposit or making available of funds relates to the extent of the amount delivered deposited or made available (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder Debentureholder will have no other right in regard thereto other than to receive out of the money so delivered deposited or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Algonquin Power Income Fund

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Corporation will establish and maintain with the Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Corporation may elect to satisfy this requirement by providing the Trustee with a cheque for such amounts required under this Section 2.13 post-dated to the applicable Maturity Date. The Trustee, on behalf of the CompanyCorporation, will pay to each registered holder entitled to receive payment of such Debenture, appearing on the principal amount of and accrued and unpaid interest on a Debentureregisters maintained by the Trustee, upon surrender of such the Debenture at the main branch of the Trustee in Toronto, Ontario and any other branch principal office of the Trustee designated for such purpose from time to time by the Company Corporation and the Trustee. The delivery of such funds to the Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside The Trustee shall be repaid and delivered only release funds to the Company by extent that funds have been deposited into the Trustee Maturity Account and thereupon any cheque of the Corporation has cleared the bank. For greater clarity, the Trustee shall not be released from all further liability with respect obligated to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid release any funds until it shall have been provided readily available funds for payment to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to registered holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Debenture Indenture (Molycorp, Inc.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10the Note, payments of amounts due upon maturity of the Debentures Note will be made in the following manner. The Company Corporation will establish and maintain with the Note Trustee a Maturity Account an account for each series of Debenturesthe Note. Each such Maturity Account account shall be maintained by and be subject to the control of the Note Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to each maturity date for the Maturity Date for Debentures Note outstanding from time to time under this Indenture, the Company Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account account in Canadian dollars an amount sufficient to pay the cash amount payable in respect of such Debentures the Note (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducteddeducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the Note Trustee with one or more certified cheques by no later than five (5) Business Days prior to the applicable maturity date or with funds by electronic transfer, for such amounts required under this Section 2.9 to the applicable maturity date. The Note Trustee, on behalf of the CompanyCorporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a Debenturethe Note, upon surrender of such Debenture the Note at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Note Trustee designated for such purpose from time to time by the Company Corporation and the Note Trustee. The delivery of such funds to the Note Trustee for deposit to the applicable Maturity Account account will satisfy and discharge the liability of the Company Corporation for the Debentures Note to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaidaforesaid and remitted to the appropriate governmental authority) and such Debentures the Note will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered deposited or made available the amount to which it such holder is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Trust Indenture (Just Energy Group Inc.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Trust will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Calgary Time on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Trust will deliver to the Debenture Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Trust may elect to satisfy this requirement by providing the Debenture Trustee with a cheque for such amounts required under this Section 2.13 post-dated to the applicable Maturity Date. The Debenture Trustee, on behalf of the CompanyTrust, will pay to each holder entitled to receive payment the principal amount of and accrued and unpaid interest premium (if any) on a the Debenture, upon surrender of such the Debenture at the main any branch of the Trustee in Toronto, Ontario and any other branch of the Debenture Trustee designated for such purpose from time to time by the Company Trust and the Debenture Trustee. The delivery of such funds to the Debenture Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Trust for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Corporation will establish and maintain with the Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto Calgary time) on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Corporation will deliver to the Trustee a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Corporation may elect to satisfy this requirement by providing the Trustee with a cheque or with funds by electronic transfer for such amounts required under this Section 2.13 post-dated to the applicable Maturity Date. The Trustee, on behalf of the CompanyCorporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a the Debenture, upon surrender of such the Debenture at the main branch of the Trustee in Toronto, Ontario and any other branch of the Trustee designated for such purpose from time to time by the Company Corporation and the Trustee. The delivery of such funds to the Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaidaforesaid and remitted to the appropriate governmental authority) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights in respect thereof except to obtain payment and delivery of the monies or Common Shares, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid to the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date of such payment of the remaining funds to the Company but prior to six years after such setting aside.

Appears in 1 contract

Samples: Debenture Indenture (Bellatrix Exploration Ltd.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein, including Article 5, or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Company Corporation will establish and maintain with the Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On or before 11:00 a.m. (Toronto time) a.m., Vancouver time on the Business Day immediately prior to the each Maturity Date for Debentures outstanding from time to time under this Indenture, the Company Corporation will deliver to the Trustee an electronic transfer of funds or a certified cheque or wire transfer for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted), provided the Corporation may elect to satisfy this requirement by providing the Trustee with a cheque for such amounts required under this Section 2.16 post-dated to the applicable Maturity Date. The Trustee, on behalf of the CompanyCorporation, will pay to each holder entitled to receive payment the principal amount of and accrued (to the extent that the Debenture has not been converted or redeemed) and unpaid interest (accrued up to but excluding the Maturity Date) on a the Debenture, upon surrender of such the Debenture at the main branch principal office of the Trustee in TorontoVancouver, Ontario and any other branch of the Trustee designated for such purpose from time to time by the Company and the TrusteeBritish Columbia. The delivery of such funds to the Trustee for deposit to the applicable Maturity Account will satisfy and discharge the liability of the Company Corporation for the Debentures to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted as aforesaid) and such Debentures will thereafter to that extent not be considered as outstanding under this Indenture and such holder will have no other right in regard thereto other than to receive out of the money so delivered or made available the amount to which it is entitled. Subject to applicable law, any monies set aside under this Section and not claimed by and paid to holders of Debentures as provided in this Section within six years after the date of such setting aside shall be repaid and delivered to the Company by the The Trustee and thereupon the Trustee shall be released from all further liability with respect to such monies and thereafter the holders of the Debentures in respect of which such monies or Common Shares, if applicable, were so repaid to the Company shall have no rights obligation to disburse funds pursuant to this Section 2.15 unless it has received written confirmation satisfactory to it that the funds have been deposited with it in respect thereof except sufficient amount to obtain payment pay in full all amounts due and delivery of payable on the monies or Common Sharesapplicable Maturity Date. The Trustee shall, if applicable, from the Company subject to any limitation provided by the laws of the Province of Ontario. Notwithstanding the foregoing, the Trustee will pay any remaining funds prior to the expiry of six years after the setting aside described in this Section to the Company upon receipt from the Company, of an unconditional letter of credit from a Canadian chartered bank in an amount equal to or in excess of the amount of the remaining funds as security for the Company’s continuing obligations hereunder, including the payments of any amounts due to holders of Debentures. If the remaining funds are paid received by it in the form of uncertified cheques, be entitled to delay the Company prior to the expiry of six years after such setting aside, the Company shall reimburse the Trustee time for any amounts so set aside which are required to be paid by the Trustee to a holder of a Debenture after the date release of such payment of funds until such uncertified cheques shall be determined to have cleared the remaining funds to financial institution upon which the Company but prior to six years after such setting asidesame are drawn.

Appears in 1 contract

Samples: Trust Indenture (Endeavour Silver Corp)

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