USE OF TRUST SHARES IN CONNECTION WITH SUPPORT AGREEMENT Sample Clauses

USE OF TRUST SHARES IN CONNECTION WITH SUPPORT AGREEMENT. Pursuant to section 2.11 of the Support Agreement, the Trust Shares provide additional security for the Parent's and Purchaser's obligations under the Share Exchange Agreement, the Exchangeable Share Provisions and the Support Agreement. In the event that Purchaser and the Parent both default on their obligations to acquire the Exchangeable Shares pursuant to the Exchangeable Share Provisions, the Support Agreement, or Article 4 of this Agreement, a Shareholder may provide written notice to the Parent, Purchaser and the Trustee of such default. If such default is not cured within ten (10) Business Days, the Shareholder may provide written notice to the Trustee of such failure to cure. The Trustee shall then use the Trust Shares to satisfy the Parent's obligation to acquire the Exchangeable Shares as if the Parent had instructed the Trustee to use the Trust Shares for such purpose pursuant to this Agreement. The Exchangeable Shares acquired by the Trustee in such transaction shall be distributed to the Parent. In the event that the Trustee uses the Trust Shares to so acquire Exchangeable Shares, and if the Parent is obligated to pay any declared but unpaid dividends (or dividends declared on Parent Common Shares which have not been declared on such Exchangeable Shares in accordance with section 3 of the Exchangeable Share Provisions), the Parent shall remain obligated to pay such amount to the Shareholder.