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 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 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee 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 or withheld), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, will pay to each holder entitled to receive payment the principal amount of and premium (if any) and accrued and unpaid interest on a Debenture, upon surrender of such Debenture at any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Brigus Gold Corp.)

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Payments of Amounts Due on Maturity. Except as may otherwise be provided 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 Corporation 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Trust will deliver to the Debenture Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee 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 amount, together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 CorporationTrust, 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, (less any tax required by law to be deducted) upon surrender of such the Debenture at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation 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 Corporation 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 or withheld 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. Payment of funds to the Debenture Trustee upon maturity of the Debentures shall be made by electronic transfer or certified cheque or pursuant to such other arrangements for the provision of funds as may be agreeable between the Trust and the Debenture Trustee in order to effect such maturity payment hereunder. The Debenture Trustee shall disburse such maturity payments only upon receiving, at least one Business Day prior to each Maturity Date, funds in an amount sufficient for the maturity payment. Notwithstanding the foregoing, (i) all payments in excess of $25 million in Canadian dollars (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 Trust shall remit payment to the Debenture Trustee by LVTS. The Debenture Trustee shall have no obligation to disburse funds pursuant to this Section 2.13 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 Maturity Date. The Debenture Trustee shall, if any 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.

Appears in 1 contract

Samples: Trust Indenture (Pengrowth Energy Trust)

Payments of Amounts Due on Maturity. Except as may otherwise be provided 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 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. a.m., (Toronto time) on the Business Day immediately prior to each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Debenture Trustee a certified cheque, wire by electronic funds transfer (or by other means acceptable to the Trustee otherwise provide immediately available 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 deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Corporation, 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 any branch the principal office of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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.

Appears in 1 contract

Samples: Zarlink Semiconductor Inc

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 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 Vancouver time) on the not less than five Business Day Days immediately prior to each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Siyata Mobile Inc.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.104.9, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation REIT will establish and maintain with the Debenture Trustee a Maturity Account for each series of Debentures. Each such Maturity Account shall will be maintained by and be subject to the control of the Debenture Trustee for the purposes of this Indenture. On or before 11:00 9:00 a.m. (Toronto Vancouver time) on the Business Day immediately prior to each Maturity Date maturity date for Debentures outstanding from time to time under this Indenture, the Corporation REIT will deliver by certified cheque or wire transfer to the Trustee a certified cheque, wire transfer or by other means acceptable to the Debenture Trustee for deposit in the applicable Maturity Account in an amount calculated by the REIT to be 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 or withheldapplicable withholding taxes, if any), provided the Corporation may elect to satisfy this requirement by providing the 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 CorporationREIT, 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 any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation REIT 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 Corporation REIT 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 or withheld as aforesaidaforesaid and remitted to the proper tax 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. The Debenture Trustee shall make payments hereunder only to the extent that it has been funded.

Appears in 1 contract

Samples: Trust Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 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 each Maturity Date maturity date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver Company shall have transferred funds to the Debenture Trustee a certified cheque, wire by electronic transfer of funds (provided the Debenture Trustee must have received confirmation of receipt of such funds on or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation Company may elect to satisfy this requirement by providing the Debenture Trustee with one a certified cheque or more certified cheques, or with funds by electronic transfer, a banker’s draft for such amounts required under this Section 2.13 2.12 post-dated to the applicable Maturity Datematurity date. The Debenture Trustee, on behalf of the CorporationCompany, 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 any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation 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 Corporation 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 or withheld 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.

Appears in 1 contract

Samples: Put Notice (Constellation Software Inc)

Payments of Amounts Due on Maturity. (1) Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10herein, payments of amounts due upon maturity of the Debentures Notes will be made in the following manner. The Corporation shall have the option of satisfying payment of the principal amount of the Notes together with any accrued and unpaid interest thereon on the Maturity Date either: (i) in cash, or (ii) through the issuance of Freely Tradeable Common Shares at the Current Market Price. The Corporation will establish and maintain with the Trustee a Maturity Account for each series of Debenturesthe Notes. Each such The Maturity Account shall be maintained by and be subject to the control of the Trustee for the purposes of this Indenture. On If the Corporation elects to make such payments in cash, then on or before 11:00 a.m. (Toronto Calgary time) on the not less than one Business Day immediately prior to each the Maturity Date for Debentures Notes outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee for deposit in the applicable Maturity Account in an amount sufficient to pay the cash amount payable in respect of such Debentures Notes (including the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 Corporation for the Debentures Notes to which the delivery of funds relates to the extent of the amount delivered (plus the amount of any tax deducted or withheld as aforesaid) and such Debentures Notes 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. Interest shall cease to accrue on the Notes upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Notes.

Appears in 1 contract

Samples: Indenture (Sundial Growers Inc.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 Corporation Trustee will establish and maintain with for the Trustee residual benefit of the REIT, 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. (Toronto time) on the Business Day immediately prior to each Maturity Date maturity date for Debentures outstanding from time to time under this Indenture, the Corporation REIT will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee for deposit in the applicable Maturity Debt Account in by an electronic funds transfer an amount sufficient to pay the cash amount payable in respect of such Debentures (including Debentures. The Trustee shall disburse such maturity payments only upon receipt of the principal amount together with any accrued and unpaid interest thereon less any tax required by law to be deducted or withheld), provided the Corporation may elect to satisfy this requirement by providing the 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 Datefunds. The Trustee, on behalf of the CorporationREIT, 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 taxes required to be withheld), upon surrender of such the Debenture at the Designated Office and shall remit to the proper tax authorities within the period of time prescribed for this purpose under Applicable Law any branch of the Trustee designated for such purpose from time taxes required to time by the Corporation and the Trusteebe withheld therefrom. 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 Corporation REIT for the Debentures to which the delivery deposit or making available of funds relates to the extent of the amount delivered (plus the amount of any tax deducted deposited or withheld as aforesaid) made available 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 is entitledentitled (less any taxes required to be withheld).

Appears in 1 contract

Samples: Trust Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided 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 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withheldthereon), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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.

Appears in 1 contract

Samples: Convertible Debenture Indenture (Energy Fuels Inc)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 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 Vancouver time) on the Business Day immediately prior to each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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.

Appears in 1 contract

Samples: Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10the Debentures, payments of amounts due upon maturity of the Debentures will be made in the following manner. The Corporation will establish and maintain with the Trustee a Maturity Account for each series of the Debentures. Each such The 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 2.14 post-dated to the applicable Maturity Date. The Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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.

Appears in 1 contract

Samples: Debenture Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the Trustee with one a certified cheque or more certified cheques, or with funds by electronic transfer, wire transfer for such amounts required under this Section 2.13 2.14 post-dated to the applicable Maturity Date. The Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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.

Appears in 1 contract

Samples: Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 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 not less than one Business Day immediately prior to each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.

Appears in 1 contract

Samples: Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 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. 2:00 p.m. (Toronto Vancouver time) on the Business Day immediately prior to each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withheld), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld as aforesaid, provided that such taxes which were deducted or withheld were remitted to the appropriate governmental authority in accordance with prescribed law) 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.

Appears in 1 contract

Samples: Indenture‌

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Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10herein, payments of amounts due upon maturity of the Debentures will be made in the following manner. The 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. p.m. (Toronto Calgary time) on the Business Day immediately prior to each the Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee 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 or withheld)) plus an amount equal to 10% of the principal amount then owing, 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 Date2.9. The Debenture Trustee, on behalf of the Corporation, 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 any branch of the Debenture Trustee designated for such purpose from time to time by the 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 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 or withheld 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.

Appears in 1 contract

Samples: Convertible Secured Debenture Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 Corporation 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 not less than one Business Day immediately prior to each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Company will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the CorporationCompany, 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 any branch of the Trustee designated for such purpose from time to time by the Corporation 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 Corporation 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 or withheld 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. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Company all the funds due and payable on the Debentures.

Appears in 1 contract

Samples: Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided 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 Corporation 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to Trust shall have transferred funds by electronic transfer of funds (provided the Debenture Trustee a certified cheque, wire transfer must have received confirmation of receipt of such funds on or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation Trust may elect to satisfy this requirement with the consent of the Debenture Trustee by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, a cheque for such amounts required under this Section 2.13 post-dated to the applicable Maturity DateDate or by delivery of a certified cheque or bank draft. The Debenture Trustee, on behalf of the CorporationTrust, 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 any branch the principal office of the Trustee designated for such purpose from time to time by the 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 Corporation 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 or withheld 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.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 Corporation will cause the Trustee to 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 not less than one Business Day immediately prior to each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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. Interest shall cease to accrue on the Debentures upon the Maturity Date provided the Trustee has received, by the Maturity Date, from the Corporation all the funds due and payable on the Debentures.

Appears in 1 contract

Samples: Indenture (Vision Marine Technologies Inc.)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein 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 Corporation Trustee will establish and maintain with for the Trustee residual benefit of the Corporation, 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. (Toronto time) time on the Business Day immediately prior to each Maturity Date maturity date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee 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 or withheld), deducted) provided the Corporation may elect to satisfy this requirement by providing the Trustee with one or more a certified cheques, or with funds by electronic transfer, cheque for such amounts required under this Section 2.13 post-dated to the applicable Maturity Datematurity date or the Corporation 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 Corporation, Corporation 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 any branch of the Trustee designated for such purpose from time to time by the Corporation 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 Corporation 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 or withheld 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 is entitled. Any paying agent with respect to the Debentures shall hold in trust for the benefit of the Debentureholders or the Trustee all sums held by such paying agent for the payment of principal of the Debentures, and shall give to the Trustee notice of any default by any obligor upon the Debentures in the making of any such payment.

Appears in 1 contract

Samples: Indenture (MDC Partners Inc)

Payments of Amounts Due on Maturity. Except as may otherwise be provided 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 Corporation 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation Trust will deliver to the Debenture Trustee a certified cheque, wire transfer or by other means acceptable to the Trustee cheque 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 or withhelddeducted), provided the Corporation Trust may elect to satisfy this requirement by providing the Debenture Trustee with one or more certified cheques, or with funds by electronic transfer, 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 CorporationTrust, 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 any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation 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 Corporation 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 or withheld 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.

Appears in 1 contract

Samples: Trust Indenture (Penn West Energy Trust)

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.104.1, payments of amounts due upon maturity of the Debentures will be made in the following manner. The 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 each Maturity Date for Debentures outstanding from time to time under this Indenture, the Corporation will deliver to the Trustee a certified cheque, cheque or wire transfer or by other means acceptable to the Trustee 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 or withhelddeducted), provided the Corporation may elect to satisfy this requirement by providing the 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 Trustee, on behalf of the Corporation, 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 any branch of the Trustee designated for such purpose from time to time by the 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 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 or withheld 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. For certainty, if the Corporation elects to pay all or a portion of the aggregate principal amount of the Initial Debentures on the Maturity Date in Common Shares pursuant to Section 2.4(h), such payment to the Maturity Account shall be limited to (a) aggregate interest payable; and (b) such portion, if any, of the aggregate principal amount of Initial Debentures that will not be satisfied by the issuance of Common Shares.

Appears in 1 contract

Samples: Debenture Indenture

Payments of Amounts Due on Maturity. Except as may otherwise be provided herein or in any supplemental indenture in respect of any series of Debentures and subject to Section 4.10this Indenture, payments of amounts due upon maturity of the Debentures will be made in the following mannermanner described in this Section 2.11. The Corporation Company will establish and maintain with the Debenture Trustee a Maturity Account for each series of the Debentures. Each such The 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 Vancouver time) on the Business Day immediately prior to each the Maturity Date for the Debentures outstanding from time to time under this Indenture, the Corporation will deliver to Company shall have transferred funds by electronic transfer of funds (provided the Debenture Trustee a certified cheque, wire transfer must have received confirmation of receipt of such funds on or by other means acceptable to the Trustee before such time) for deposit in the applicable Maturity Account in an amount sufficient to pay the principal cash amount payable in respect of such Debentures (including the principal amount Debentures, together with any accrued and unpaid interest thereon (less any tax required by law to be deducted or withhelddeducted), provided the Corporation Company may elect to satisfy this requirement by providing the Debenture Trustee with one a certified cheque or more certified cheques, or with funds by electronic transfer, a banker’s draft for such amounts required under this Section 2.13 post-dated to the applicable Maturity Date2.11. The Debenture Trustee, on behalf of the CorporationCompany, 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 Debenture the Debentures at any branch of the Debenture Trustee designated for such purpose from time to time by the Corporation 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 Corporation 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 or withheld 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.

Appears in 1 contract

Samples: Trust Indenture (Timberwest Forest Corp)

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