No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 5 contracts
Samples: Debenture Indenture (Bellatrix Exploration Ltd.), Convertible Debenture Indenture (Anderson Energy LTD), Debenture Indenture (Ivanhoe Energy Inc)
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but but, if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 3 contracts
Samples: Indenture (HEXO Corp.), Secured Trust Indenture, Indenture
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but but, if, notwithstanding the provisions of this Section 15.114.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.214.2.
Appears in 3 contracts
Samples: Convertible Debenture Indenture (Siyata Mobile Inc.), Indenture (Organigram Holdings Inc.), Secured Trust Indenture
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in between the role of the Trustee as a fiduciary hereunder and its role in any other capacity but if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 3 contracts
Samples: Debenture Indenture, Indenture, Convertible Debenture Indenture (Crailar Technologies Inc)
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.117.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.217.2.
Appears in 2 contracts
Samples: Subordination Agreement (Mogo Inc.), Subordination Agreement (Mogo Finance Technology Inc.)
No Conflict of Interest. The Trustee represents to the Corporation that to the best of its knowledge at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.114.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.214.2.
Appears in 2 contracts
Samples: Indenture (Aurora Cannabis Inc), Indenture
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 60 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 2 contracts
Samples: Kirkland Lake Gold Ltd., Indenture (MDC Partners Inc)
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but but, if, notwithstanding the provisions of this Section 15.110.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures Notes issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.210.2.
Appears in 2 contracts
Samples: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.)
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture Indenture, to the best of its knowledge, there exists no material conflict of interest in between the role of the Trustee as a fiduciary hereunder and its role in any other capacity but if, notwithstanding the provisions of this Section 15.114.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.214.2.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
No Conflict of Interest. The Debenture Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Debenture Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall will not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Debenture Trustee shallwill, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 2 contracts
Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.114.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.214.2.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Debenture Indenture
No Conflict of Interest. The Trustee represents to the Corporation Company that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
No Conflict of Interest. The Trustee represents to the Corporation Trust that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.116.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.216.2.
Appears in 1 contract
Samples: Algonquin Power Income Fund
No Conflict of Interest. The Trustee represents to the Corporation Issuer that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 1 contract
Samples: Trust Indenture (Algonquin Power & Utilities Corp.)
No Conflict of Interest. The Indenture Trustee represents to the Corporation that to the best of its knowledge, at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Indenture Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures securities issued hereunder, hereunder shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Indenture Trustee shall, within 30 60 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 1 contract
Samples: Trust Indenture
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in between the role of the Trustee as a fiduciary hereunder and its role in any other capacity but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 1 contract
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but but, if, notwithstanding the provisions of this Section 15.112.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.212.2.
Appears in 1 contract
Samples: Secured Trust Indenture
No Conflict of Interest. The Trustee represents to the Corporation that to the best of its knowledge at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 1 contract
Samples: Indenture
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 1 contract
Samples: Convertible Debenture Indenture
No Conflict of Interest. The Trustee represents to the Corporation that Company and the Parent that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but but, if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 1 contract
Samples: Indenture
No Conflict of Interest. The Indenture Trustee represents to the Corporation Baytex that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Indenture Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.110.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures Debt Securities issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Indenture Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.210.3.
Appears in 1 contract
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Trust Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but ifhereunder. If, notwithstanding the provisions of this Section 15.111.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Trust Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.211.2.
Appears in 1 contract
No Conflict of Interest. β The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but but, if, notwithstanding the provisions of this Section 15.114.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.214.2.
Appears in 1 contract
Samples: Indenture
No Conflict of Interest. The Trustee represents to the Corporation Trust that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 1 contract
No Conflict of Interest. The Trustee represents to the Corporation Company that to the best of its knowledge at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.114.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.214.2. The Trustee also serves as the transfer agent for the Common Shares.
Appears in 1 contract
No Conflict of Interest. The Trustee represents to the Corporation Issuer that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.116.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.216.2.
Appears in 1 contract
Samples: Trust Indenture (Algonquin Power & Utilities Corp.)
No Conflict of Interest. The Trustee represents to the Corporation that to the best of its knowledge at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee Trustee, as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.114.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.Section
Appears in 1 contract
Samples: www.otcmarkets.com
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.112.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures securities issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.212.2.
Appears in 1 contract
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in between the role of the Trustee as a fiduciary trustee hereunder and its role in any other capacity but if, notwithstanding the provisions of this Section 15.112.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures Notes issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.212.2.
Appears in 1 contract
Samples: Indenture (Terrace Energy Corp)
No Conflict of Interest. The Trustee represents to the Corporation that at the date of execution and delivery by it of this Trust Indenture there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but ifhereunder. If, notwithstanding the provisions of this Section 15.112.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Trust Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.212.2.
Appears in 1 contract
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but if, notwithstanding hereunder. Notwithstanding the provisions of this Section 15.114.1, if such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.214.2.
Appears in 1 contract
No Conflict of Interest. The Note Trustee represents to the Corporation that at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Note Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures Notes issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Note Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.2.
Appears in 1 contract
No Conflict of Interest. The Trustee represents to the Corporation that that, to the best of its knowledge, at the date of execution and delivery by it of this Indenture Indenture, there exists no material conflict of interest in the role of the Trustee as a fiduciary hereunder but but, if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures Notes issued hereunder, shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Trustee shall, within 30 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 1 contract
Samples: Indenture (Sundial Growers Inc.)
No Conflict of Interest. The Indenture Trustee represents to the Corporation that to the best of its knowledge, at the date of execution and delivery by it of this Indenture there exists no material conflict of interest in the role of the Indenture Trustee as a fiduciary hereunder but if, notwithstanding the provisions of this Section 15.113.1, such a material conflict of interest exists, or hereafter arises, the validity and enforceability of this Indenture, and the Debentures securities issued hereunder, hereunder shall not be affected in any manner whatsoever by reason only that such material conflict of interest exists or arises but the Indenture Trustee shall, within 30 90 days after ascertaining that it has a material conflict of interest, either eliminate such material conflict of interest or resign in the manner and with the effect specified in Section 15.213.2.
Appears in 1 contract
Samples: Trust Indenture
