Common use of Performance of Covenants by Trustee Clause in Contracts

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Indenture, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the Debentureholders. All sums so expended or advanced by the Trustee shall be repayable as provided in Section 6.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunder.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Purchase Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to section 9.2, shall be under no obligation to do so perform such covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.2section 5.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 9.2, shall be under no obligation to do so perform such covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 9.2, shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 9.2 shall be under no obligation to do so perform such covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this IndentureSubscription Receipt Agreement, the Trustee may notify the Debentureholders Subscription Receiptholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, it but shall be under no obligation to do so perform said covenants or to notify the DebentureholdersSubscription Receiptholders of such performance or non-performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation Company shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation Company or may itself perform any of the said covenants capable of being performed by it, but but, subject to Section 9.2, shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation Company of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to section 9.2, shall be under no obligation to do so perform such covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.2section 5.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrant Holders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 10.2, shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrant Holders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.26.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 9.2, shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Indenture, the Trustee may notify the Debentureholders Convertible Noteholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 9.2, shall be under no obligation to do so perform said covenants or to notify the DebentureholdersConvertible Noteholders of such performance by it. All sums so reasonably expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.3. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture Indenture, the Corporation must promptly notify the Trustee in writing of such failure, and upon receipt by the Trustee of such failure has not been cured or rectified within the time permitted by this Indenturenotice, the Trustee may notify the Debentureholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by it, but shall be under no obligation to do so or to notify the DebentureholdersDebentureholders . All sums so expended or advanced by the Trustee shall be repayable by the Corporation as provided in Section 6.27 . 2 . No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder .

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but but, subject to Section 9.02, shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.03. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrantholders of such performance or non-performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the covenants capable of being performed by itit but, but subject to Section 9.2 shall be under no obligation to do so perform such covenants or to notify the DebentureholdersWarrantholders of such performance by it. All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.25.2(k). No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.

Performance of Covenants by Trustee. If the Corporation shall fail to perform any of its covenants contained in this Indenture and such failure has not been cured or rectified within the time permitted by this Warrant Indenture, the Trustee may notify the Debentureholders Warrantholders of such failure on the part of the Corporation or may itself perform any of the said covenants capable of being performed by it, but but, subject to section 10.2, shall be under no obligation to do so perform said covenants or to notify the DebentureholdersWarrantholders of such performance by it. 144554\0512890.WP All sums so expended or advanced by the Trustee in so doing shall be repayable as provided in Section 6.2section 5.2. No such performance, expenditure or advance by the Trustee shall be deemed to relieve the Corporation of any default hereunderhereunder or of its continuing obligations under the covenants herein contained.