Common use of Purchase of Debentures Clause in Contracts

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 4 contracts

Samples: Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.), Indenture (C21 Investments Inc.)

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Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.232.24. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 3 contracts

Samples: webfiles.thecse.com, webfiles.thecse.com, sec.report

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.233.1. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee may determine acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 2 contracts

Samples: Indenture, Odyssey Trust Company (CLS Holdings USA, Inc.)

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: webfiles.thecse.com

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Company may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchangedealer) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23applicable securities laws. If an Event of Default has occurred and is continuing, the Corporation will not have Company may purchase all or any of the right to purchase any Debentures except as permitted aforesaid with the exception of by this Indentureprivate contract. If, upon an invitation for tenders, more Debentures than the Corporation Company is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Company will be selected by the Trustee on a in such manner as the Company may deem equitable (which may include pro rata basis and rata) as the Trustee will be directed in consultation with writing by the Corporation and in accordance with Applicable Securities LawsCompany, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Certificated Debenture of which a part only is purchased purchased, upon surrender of such Debenture Certificate for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture Certificate for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Trustee Trustee, upon receipt of the written direction of the Company, shall certify Authenticate and deliver such replacement Debenture Certificate upon receipt of the Debenture Certificate so surrendered. All Debentures purchased under this Section 2.22 shall be delivered by the Company to the Trustee for cancellation and the Company shall not reissue any such purchased Debentures.

Appears in 1 contract

Samples: Security Agreement (Security Devices International Inc.)

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.. 3.3

Appears in 1 contract

Samples: webfiles.thecse.com

Purchase of Debentures. β€Œ Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Alliance Trust Company

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this IndentureLaws. Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23subsection 2.17(b). If an Event of Default, other than an Event of Default under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the applicable Depository shall make notations on the Global Debenture of the principal amount thereof so purchased.

Appears in 1 contract

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)

Purchase of Debentures. Provided that no Event Purchase of Default has occurred and is continuingDebentures by the Corporation Unless otherwise specifically provided with respect to a particular series of Debentures, the Corporation may may, if it is not at the time in default hereunder, at any time and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchangerecognized stock exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. All Debentures so purchased by the Corporation shall will be submitted delivered to the Trustee for cancellation and shall be cancelled and no Debentures shall be issued in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenturesubstitution therefor. If, upon an invitation for tenders, more Debentures are tendered at the same lowest price than the Corporation is prepared to accept are tendered at the same lowest priceaccept, the Debentures to be purchased by the Corporation will shall be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more of such Debentures becomes become subject to purchase in part only. The Holder holder of any a Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holderholder, a replacement Debenture one or more new Debentures for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement new Debenture or Debentures upon receipt of the Debenture so surrendered or, with respect to an Uncertificated Debenture, the Depository shall electronically deposit the unpurchased part so surrendered. Deposit of Maturity Monies Payment on maturity of Debentures shall be provided for by the Corporation depositing with the Trustee or any paying agent to the order of the Trustee, on or before 11:00 a.m. (Toronto time) on the Business Day immediately prior to the Maturity Date such sums of money as may be sufficient to pay all accrued and unpaid interest thereon up to but excluding the Maturity Date, provided the Corporation may elect to satisfy this requirement by providing the Trustee with a certified cheque or wire transfer for such amounts required under this Section 4.2 post-dated to the Maturity Date. The Corporation shall also deposit with the Trustee a sum of money sufficient to pay any charges or expenses which may be incurred by the Trustee in connection therewith. Every such deposit shall be irrevocable. From the sums so deposited, the Trustee shall pay or cause to be paid to the holders of such Debentures, upon surrender of such Debentures, the principal and interest to which they are respectively entitled on the Maturity Date.

Appears in 1 contract

Samples: Indenture

Purchase of Debentures. β€Œ Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis or in such other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee may determine acting reasonably and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Odyssey Trust Company

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this IndentureLaws. Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23subsection 2.17(b). If an Event of Default, other than an Event of Default under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the Depository shall make notations on the Global Debenture of the principal amount thereof so purchased.

Appears in 1 contract

Samples: Indenture (Fairfax Financial Holdings LTD/ Can)

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Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and Legislation (including, for greater certainty, any applicable rules of the provisions of this IndentureTSX). Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenturesubsection 2.13(b). If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation or, if the Debentures are then listed for trading on a Recognized Stock Exchange, with the Corporation and approval of such Recognized Stock Exchange, in accordance with Applicable Securities Lawssuch other manner (which may include selection by lot, random selection by computer or any other method) as the Trustee considers appropriate, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the Trustee shall, working together with any Depository, make notations on the Global Debenture of the principal amount thereof so purchased.

Appears in 1 contract

Samples: Indenture

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Company may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this IndentureLegislation regarding issuer bid requirements. If, upon an invitation for tenders, more Debentures than the Corporation Company is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Company will be selected by the Trustee on a pro rata basis and in consultation with such manner (which may include random selection by computer) as the Corporation and in accordance with Applicable Securities LawsTrustee may deem equitable, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, selected and regulations so made shall be valid and binding upon all DebentureholdersDebentureholders and, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement new Debenture for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Trustee shall certify and deliver such replacement new Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Telesystem International Wireless Inc

Purchase of Debentures. Provided that So long as no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the open-market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchangerecognized stock exchange) or by tender or by private contract, at any priceprice and at any time. All Debentures so purchased shall forthwith be delivered to either Trustee and shall be cancelled by it and, subject to compliance with Applicable Securities Laws and the provisions following paragraph of this Indenture. Section 5.5, no Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation issued in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenturesubstitution therefor. If, upon an invitation for tenders, more Debentures are tendered at the same lowest price than the Corporation is prepared to accept are tendered at the same lowest priceaccept, the Debentures to be purchased by the Corporation will shall be selected by the Trustee Trustees, in such manner (which may include selection by lot, selection on a pro rata basis and in consultation with basis, random selection by computer or any other method) as the Corporation and in accordance with Applicable Securities LawsTrustees consider appropriate, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee Trustees may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any a Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture one or more new Debentures for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee Trustees shall certify and deliver such replacement new Debenture or Debentures upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Indenture (Brookfield Renewable Energy Partners L.P.)

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase purchases from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this IndentureLaws. Debentures so purchased by the Corporation Issuer shall be submitted to the Trustee for cancellation in accordance with Section 2.23subsection 2.17(b). If an Event of Default Default, other than an Event of Default, under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrenderedsurrendered or, with respect to a Global Debenture, the Depository shall make notations on the Global Debenture of the principal amount thereof so purchased.

Appears in 1 contract

Samples: Indenture (Fairfax Financial Holdings LTD/ Can)

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Issuer may at any time time, and from time to time time, purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23Debentures. If an Event of Default, other than an Event of Default under subsection 10.1(i) or 10.1(ii), has occurred and is continuing, the Corporation Issuer will not have the right to purchase by private contract. If an Event of Default under subsection 10.1(i) or 10.1(ii) has occurred and is continuing, the Issuer will not have the right to purchase Debentures in any Debentures except as permitted by this Indenturemanner. If, upon an invitation for tenders, more Debentures than the Corporation Issuer is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Issuer will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Lawsbasis, from the Debentures tendered by each tendering Debentureholder Holder who tendered at such lowest price. For this purpose the Trustee Issuer may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all DebentureholdersHolders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which only a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee Issuer shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Subscription Agreement (Fairfax Financial Holdings LTD/ Can)

Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation Company may at any time and from time to time purchase all or any of the Debentures in the open market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, contract at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23Laws. If an Event of Default has occurred and is continuing, the Corporation will not have Company may purchase all or any of the right to purchase any Debentures except as permitted aforesaid with the exception of by this Indentureprivate contract. If, upon an invitation for tenders, more Debentures than the Corporation Company is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation Company will be selected by the Indenture Trustee on a in such manner (which may include pro rata basis and in consultation with rata) as the Corporation and in accordance with Applicable Securities LawsIndenture Trustee may deem equitable, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose purpose, the Indenture Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, selected and regulations so made shall be valid and binding upon all DebentureholdersDebentureholders and, notwithstanding the fact that that, as a result thereof thereof, one or more of such Debentures becomes become subject to purchase in part only. The Holder of any Debenture of which a part only is purchased purchased, upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, surrendered and the Indenture Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.

Appears in 1 contract

Samples: Alamos Gold Inc

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