Performance of Covenants by Trustee. If the Company should fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 15 Business Days after receiving written notice from the Trustee of such failure, the Trustee may notify the Warrantholders of such failure on the part of the Company or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or disbursed by the Trustee in so doing shall be repayable as provided in Section 4.2. No such performance, expenditure or disbursement by the Trustee shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 2 contracts
Samples: Agnico Eagle Mines LTD, Gryphon Gold Corp
Performance of Covenants by Trustee. If the Company should Corporation shall fail to perform any of its covenants contained in this Indenture and the Company Corporation has not rectified such failure within 15 Business Days after receiving written notice from the Trustee of such failure, the Trustee may notify the Warrantholders of such failure on the part of the Company Corporation or may itself perform any of the said covenants capable of being performed by it, it but shall be under no obligation to perform said covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or disbursed by the Trustee in so doing shall be repayable as provided in Section 4.26.03. No such performance, expenditure or disbursement by the Trustee shall be deemed to relieve the Company Corporation of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 2 contracts
Samples: Learning Co Inc, Learning Co Inc
Performance of Covenants by Trustee. If the Company should Corporation shall fail to perform any of its covenants contained in this Indenture and the Company Corporation has not rectified such failure within 15 Business Days after receiving written notice from the Trustee of such failure, the Trustee may notify the Warrantholders of such failure on the part of the Company Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or disbursed by the Trustee in so doing shall be repayable as provided in Section 4.2section 4.3. No such performance, expenditure or disbursement by the Trustee shall be deemed to relieve the Company Corporation of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Samples: MDS Inc
Performance of Covenants by Trustee. If the Company should Corporation shall fail to perform any of its covenants contained in this Indenture and the Company Corporation has not rectified such failure within 15 ten Business Days after receiving written notice from the Trustee of such failure, the Trustee may notify the Warrantholders Debentureholders of such failure on the part of the Company Corporation or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenants or to notify the Warrantholders Debentureholders of such performance by it. All reasonable sums expended or disbursed by the Trustee in so doing shall be repayable as provided in Section 4.25.2. No such performance, expenditure or disbursement by the Trustee shall be deemed to relieve the Company Corporation of any default hereunder or of its continuing obligations under the covenants herein contained.
Appears in 1 contract
Samples: Gerdau Ameristeel Corp