Distribution of Notes. (a) . Upon a voluntary or involuntary dissolution of the Trust in accordance with the Declaration, the Liquidation Distribution shall be delivered to the Collateral Agent in exchange for the Pledged Trust Preferred Securities. Thereafter, the applicable part of the Liquidation Distribution will be substituted for the Pledged Trust Preferred Securities, and will be held by the Collateral Agent in accordance with the terms of the Pledge Agreement to secure the obligations of each Holder of Normal Units to purchase the Common Stock of the Company under the Purchase Contracts constituting a part of such Normal Units. The remaining portion of the Liquidation Distribution shall be distributed to the Holders of Separate Trust Preferred Securities (as defined in the Pledge Agreement). Following a voluntary or involuntary dissolution of the Trust, the Holders and the Collateral Agent shall have such security interests, rights and obligations with respect to the Liquidation Distribution as the Holders and the Collateral Agent had in respect of the Pledged Trust Preferred Securities as provided in Articles II, III, IV, V and VI of the Pledge Agreement, and, unless the context otherwise requires, any reference herein to the Trust Preferred Securities or Pledged Trust Preferred Securities shall be deemed to be a reference to such Notes. The Company may cause to be made in any Normal Units Certificates thereafter to be issued such change in phraseology and form (but not in substance) as may be appropriate to reflect the liquidation of the Trust and the substitution of Notes for Trust Preferred Securities as Collateral.
Distribution of Notes. 4.1 The Dealers shall, on such days as the Company has notified the Dealers in accordance with the Operating Procedures that it requires funds, use their best commercial efforts to solicit offers to purchase the Notes from, and sell the Notes to, members of the public in the Jurisdictions, directly and through other Selling Firms, only as permitted by and in compliance with the applicable Securities Laws, upon the terms and conditions set forth in the Prospectus as amended and supplemented and in this Agreement. For purposes of this section 4.1, the Dealers shall be entitled to assume that the Notes are qualified for distribution in all of the Jurisdictions, unless otherwise notified in writing by the Company. The Dealers shall, as soon as practicable following a request for the same being made by the Company to the Dealers, provide the Company with a comprehensive breakdown of the Notes distributed by the Dealers collectively, both through agency sales and principal sales (separately enumerated), in each of the Jurisdictions where a breakdown is required for the purpose of calculating fees payable by the Company to securities regulatory authorities.
Distribution of Notes. The Dealers shall, from time to time, solicit offers to purchase the Notes from, and sell the Notes to, members of the public in the Jurisdictions and elsewhere outside the United States (to the extent the Corporation has consented to offers and sales being made in such jurisdictions), directly or through the Selling Firms or the Foreign Affiliates, as applicable, only as permitted by and in compliance with the applicable securities laws, including without limitation, as applicable, the procedures set forth in National Policy 11-201 “Electronic Delivery of Documents” and National Policy 47-201 “Trading Securities Using the Internet and Other Electronic Means”, upon the terms and conditions set forth in the Canadian Base Prospectus as amended by any Canadian Prospectus Amendment(s) and supplemented by any Canadian Prospectus Supplement(s) and any Canadian Pricing Supplement(s) and in this Agreement. The Dealers will not solicit offers to purchase or sell the Notes so as to require registration thereof or filing of a prospectus, registration statement or other notice or document with respect thereto under the laws of any jurisdiction other than the Jurisdictions and to the extent specified in this Agreement, the United States; and will require each Selling Firm and each Foreign Affiliate, as applicable, to agree with the Dealers participating in the offering of a specific Tranche of Notes not to so solicit or sell, which agreements will be held in trust by such Dealers for the benefit of the Dealers and the Corporation. For purposes of this paragraph 3, the Dealers shall be entitled to assume that the Notes are qualified for Distribution in any Jurisdiction in which or on behalf of which a receipt or similar document for the Canadian Base Prospectus shall have been issued or deemed issued by the applicable securities regulatory authority. The Dealers shall, as soon as practicable following a request for the same made by the Corporation to the Dealers, provide the Corporation with a comprehensive breakdown of the Notes distributed by the Dealers collectively, both through agency sales and principal sales (separately enumerated), in each of the Jurisdictions where such breakdown is required for the purpose of calculating fees payable by the Corporation to securities regulatory authorities. In order to ensure compliance with the requirements of the 1933 Act with respect to offers and sales of any particular Tranche of Notes outside the United States (the “Non-U...
