Common use of Performance of Covenants by Warrant Agent Clause in Contracts

Performance of Covenants by Warrant Agent. Subject to section 9.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 6 contracts

Samples: Aurora Cannabis Inc, Aurora Cannabis Inc, webfiles.thecse.com

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Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 5 contracts

Samples: Warrant (Goldcorp Inc), Warrant (Goldcorp Inc), Common Share Purchase Warrant Indenture (Goldcorp Inc)

Performance of Covenants by Warrant Agent. Subject to section 9.7Section 8.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 twenty-five (25) Business Days after either giving notice of such default pursuant to Section 4.1(10) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 4.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 5 contracts

Samples: Warrant Indenture (Planet 13 Holdings Inc.), Planet 13 Holdings Inc., Planet 13 Holdings Inc.

Performance of Covenants by Warrant Agent. Subject to section 9.7Section 8.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to Section 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 4.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 4 contracts

Samples: Warrant Indenture (Mind Medicine (MindMed) Inc.), Warrant Indenture (Lowell Farms Inc.), First Person Ltd.

Performance of Covenants by Warrant Agent. Subject to section 9.7, if If the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 3 contracts

Samples: Geovic Mining Corp., Geovic Mining Corp., Geovic Mining Corp.

Performance of Covenants by Warrant Agent. Subject to section 9.7subsection 8.2(g), if the Company shall fail fails to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 15 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 will be under no obligation to perform said covenantscovenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall will be repayable as provided in section 5.44.2. No such performance, expenditure or advance disbursement by the Warrant Agent shall will be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 3 contracts

Samples: Crosshair (Crosshair Exploration & Mining Corp), MIGENIX Inc., MIGENIX Inc.

Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to Section 4.1(10) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 3 contracts

Samples: Planet 13 Holdings Inc., webfiles.thecse.com, webfiles.thecse.com

Performance of Covenants by Warrant Agent. Subject to section 9.7, if If the Company Corporation shall fail to perform any of its covenants contained in this Indenture and Indenture, the Company has not rectified such failure within 10 Business Days after receiving written notice from Corporation will notify the Warrant Agent in writing of such failure, failure and the Warrant Agent may notify the Registered Warrantholders of such failure on the part of the Company or Corporation and/or may itself perform any of the said covenants capable of being performed by itit but, but subject to Section 9.2, shall be under no obligation to perform said covenantscovenants or to notify the Registered Warrantholders of such performance by it. All reasonable sums expended or disbursed advanced by the Warrant Agent in so doing shall be repayable as provided in section Section 5.4. No such performance, expenditure or advance by the Warrant Agent 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: Warrant Indenture (TerrAscend Corp.), Warrant Indenture (TerrAscend Corp.)

Performance of Covenants by Warrant Agent. Subject to section Section 9.7, if the Company Corporation shall fail to perform any of its covenants contained in this Indenture and the Company Corporation has not rectified such failure within 10 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 5.3. No such performance, expenditure or advance by the Warrant Agent 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: Transfer Form (IMV Inc.), Cardiol Therapeutics Inc.

Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(12) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent 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: KWESST Micro Systems Inc., s1.q4cdn.com

Performance of Covenants by Warrant Agent. Subject to section 9.7, if If the Company Corporation shall fail to perform any of its covenants contained in this Indenture and Indenture, the Company has not rectified Corporation will notify the Warrant agent in writing of such failure within 10 Business Days after receiving written notice from the Warrant Agent of such failure, and the Warrant Agent may notify the Registered Warrantholders of such failure on the part of the Company or Corporation and may itself perform any of the said covenants capable of being performed by itit but, but subject to Section 9.2, shall be under no obligation to perform said covenantscovenants or to notify the Registered Warrantholders of such performance by it. All reasonable sums expended or disbursed advanced by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 5.3. No such performance, expenditure or advance by the Warrant Agent 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: Warrant Indenture (Carbon Streaming Corp), sedar-filings-backup.thecse.com

Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent 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: Available (Sandstorm Gold LTD), Sandstorm Gold LTD

Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent 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: Warrant (Peru Copper Inc.), Warrant (Peru Copper Inc)

Performance of Covenants by Warrant Agent. Subject to section 9.78.6, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(h) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may shall 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: webfiles.thecse.com

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Performance of Covenants by Warrant Agent. Subject to section 9.7, if If the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 ten (10) Business Days after either giving notice of such default pursuant to subsection 4.1(10) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 provide such notice or perform said covenants. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 4.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: sedar-filings-backup.thecse.com

Performance of Covenants by Warrant Agent. Subject to section 9.78.6, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may shall 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: webfiles.thecse.com

Performance of Covenants by Warrant Agent. Subject to section 9.7Section 8.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(9) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent may shall 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: Americas Silver Corp

Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 Business Days 25 business days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: Wheaton River Minerals LTD

Performance of Covenants by Warrant Agent. β€Œ Subject to section 9.78.6, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 25 Business Days after either giving notice of such default pursuant to subsection 4.1(12) or receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: www.otcmarkets.com

Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture and the Company has not rectified such failure within 10 Business Days after receiving written notice from the Warrant Agent of such failureIndenture, the Warrant Agent may shall notify the Warrantholders of such failure on the part of the Company, upon receipt of written notice from the Company of such failure to perform, or may itself perform any of the said covenants capable of being performed by it, but shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders that it is doing so. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: sec.report

Performance of Covenants by Warrant Agent. Subject to section 9.78.7, if the Company shall fail to perform any of its covenants contained in this Indenture indenture and the Company has not rectified such failure within 10 25 Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 covenantscovenants or to notify the Warrantholders. All reasonable sums expended or disbursed by the Warrant Agent in so doing shall be repayable as provided in section 5.44.2. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company of any default hereunder or of its continuing obligations under the covenants herein contained.

Appears in 1 contract

Samples: Silver Wheaton Corp.

Performance of Covenants by Warrant Agent. Subject to section 9.7, if If the Company Corporation shall fail to perform any of its covenants contained in this Indenture and the Company has shall have not rectified such failure within 10 ten (10) Business Days after receiving written notice from the Warrant Agent of such failure, the Warrant Agent 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 itit but, but subject to Section 9.1, shall be under no obligation to perform said covenantscovenants or to notify the Warrantholders of such performance by it. All reasonable sums expended or disbursed advanced by the Warrant Agent in so doing shall be repayable as provided in section 5.4Section 5.3. No such performance, expenditure or advance by the Warrant Agent shall be deemed to relieve the Company Corporation of any default hereunder or of its continuing obligations under the covenants herein contained.contained.β€Œ

Appears in 1 contract

Samples: Warrant Indenture

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