Common use of Vesting of Powers in Successor Clause in Contracts

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company under this Indenture with the same effect as though the Successor had been named as the Company herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 3 contracts

Samples: Put Notice (Constellation Software Inc), Put Notice (Constellation Software Inc), Trust Indenture (Timberwest Forest Corp)

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Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 3 contracts

Samples: Trust Indenture (Primero Mining Corp), Indenture (PENGROWTH ENERGY Corp), Zarlink Semiconductor Inc

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee Agent an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee Agent will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 2 contracts

Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 12.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company REIT under this Indenture with the same effect as though the Successor had been named as the Company REIT herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company REIT shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company REIT delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company REIT or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Trust Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Trust Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Wi-Lan Inc.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures Notes forthwith upon the Company Corporation delivering to the Debenture Note Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Note Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Theratechnologies Inc.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 hereof shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Issuer under this Indenture with the same effect as though the Successor had been named as the Company Issuer herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Issuer shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Issuer delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Issuer or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power & Utilities Corp.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Kirkland Lake Gold Ltd.

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Gastar Exploration LTD)

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Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 hereof shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion Opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.. 77

Appears in 1 contract

Samples: Indenture (MDC Partners Inc)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall 11.1 have been duly observed and performed, any Successor formed by or resulting from such transaction shall will succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company shall Corporation be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Corporation delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall will not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Boralex Inc.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 11.1 hereof shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Issuer under this Indenture with the same effect as though the Successor had been named as the Company Issuer herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Issuer shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company Issuer delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Issuer or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Algonquin Power & Utilities Corp.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction or series of transactions shall succeed to, and be substituted for, and may exercise every right and power of the Company under this Indenture with the same effect as though the Successor had been named as the Company herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company shall be relieved of all obligations and covenants under this Indenture and the Debentures forthwith upon the Company delivering to the Debenture Trustee an opinion of Counsel to the effect that the transaction or series of transactions shall not result in any material adverse tax consequences to the Company or the Successor. The Debenture Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)

Vesting of Powers in Successor. Whenever the conditions of Section 10.1 9.1 shall have been duly observed and performed, any Successor formed by or resulting from such transaction shall succeed to, and be substituted for, and may exercise every right and power of the Company Corporation under this Indenture with the same effect as though the Successor had been named as the Company Corporation herein and thereafter, except in the case of a lease or other similar disposition of property to the Successor, the Company Corporation shall be relieved of all obligations and covenants under this Indenture and the Debentures Note forthwith upon the Company Corporation delivering to the Debenture Note Trustee an opinion of Counsel to the effect that the transaction shall not result in any material adverse tax consequences to the Company Corporation or the Successor. The Debenture Note Trustee will, at the expense of the Successor, execute any documents which it may be advised by Counsel are necessary or advisable for effecting or evidencing such release and discharge.

Appears in 1 contract

Samples: Trust Indenture (Just Energy Group Inc.)

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