Common use of Accrual of Distribution Clause in Contracts

Accrual of Distribution. Subject to ‎Section 2.05(d), the Securities confer a right to receive distributions (“Distribution”) from, and including the Reference Date at the applicable Distribution Rate in accordance with this ‎Section 2.05. Subject to ‎Section 2.05(d), Distribution shall be payable semi-annually in arrears on each Distribution Payment Date, except that the first payment of Distribution shall be deemed to have been made on April 1, 2017 in respect of the period from (and including) the Reference Date to (but excluding) April 1, 2017. Such deemed Distribution payment shall be deemed to have been deferred under ‎Section 2.05(d)(i)‎ and the Company shall not have any obligation to provide any notice or certificate under ‎Section 2.05(d) with respect to such deemed Distribution. Unless otherwise provided for in this Indenture, each Security will cease to confer the right to receive any Distribution from the due date for redemption of such Security unless, upon due presentation, payment of the full amount due is improperly withheld or refused. In such latter event, Distribution will continue to accrue at the applicable Distribution Rate (after as well as before any judgment) up to but excluding whichever is the earlier of (x) the date on which all sums due in respect of any Security are received by or on behalf of the relevant Holder and (y) the day which is seven days after the Principal Paying Agent or the Trustee has received all sums due in respect of the Securities up to such seventh day (except to the extent that there is a failure in the subsequent payment to the relevant Holders under this Indenture), and after notice of such payment is provided to the Holders.

Appears in 2 contracts

Samples: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC)

AutoNDA by SimpleDocs

Accrual of Distribution. Except in the circumstances set out in Condition 4(d), the Securities do not confer a right to receive distribution (“Distribution”) in respect of the period from, and including 16 November 2017 (the “Issue Date”) to, but excluding, 16 November 2022 (the “First Call Date”). Subject to ‎Section 2.05(dCondition 4(e) (Distribution – Distribution Deferral), the Securities confer a right to receive distributions (“Distribution”) Distribution from, and including including, the Reference First Call Date at the applicable prevailing Distribution Rate (as defined below) in accordance with this ‎Section 2.05Condition 4. Subject to ‎Section 2.05(dCondition 4(e) (Distribution –Distribution Deferral), Distribution shall be payable on the Securities semi-annually in arrears arrear in equal instalments on 16 May and 16 November of each year (each, a “Distribution Payment Date”), with the first Distribution Payment Date, except that in the first payment of Distribution shall be deemed to have been made circumstances set out in Condition 4(d), falling on April 1, 2017 in respect of the period from (and including) the Reference Date to (but excluding) April 1, 2017. Such deemed Distribution payment shall be deemed to have been deferred under ‎Section 2.05(d)(i)‎ and the Company shall not have any obligation to provide any notice or certificate under ‎Section 2.05(d) with respect to such deemed Distribution16 May 2023. Unless otherwise provided for in this Indenturethese Conditions, each Security will cease to confer the right to receive any Distribution from the due date for redemption of such Security unless, upon due presentation, payment of the full amount due is improperly withheld or refused. In such latter event, Distribution will begin to accrue on the principal amount of the Securities, including any Arrears of Distribution and any Additional Distribution Amount (if any) at a Distribution Rate calculated on the basis of a Distribution Period commencing on such date and otherwise in accordance with this Condition 4 and (ii) on or after the First Call Date, Distribution will continue to accrue at the applicable Distribution Rate Rate, in each case (after as well as before any judgment) up to but excluding whichever is the earlier of (xa) the date on which all sums due in respect of any Security are received by or on behalf of the relevant Holder and (yb) the day which is seven days after the Principal Paying Fiscal Agent or has notified the Trustee Holders that it has received all sums due in respect of the Securities up to such seventh day (except to the extent that there is a failure in the subsequent payment to the relevant Holders under this Indenturethese Conditions). The amount of Distribution payable on each Distribution Payment Date shall be calculated by applying the prevailing Distribution Rate to the Calculation Amount, multiplying the product by the relevant Day Count Fraction, rounding the resulting figure to the nearest cent (half a cent being rounded upwards) and after notice multiplying such rounded figure by a fraction equal to the Authorised Denomination of such payment is provided Security divided by the Calculation Amount, where “Calculation Amount” means U.S.$1,000 and “Day Count Fraction” means, in respect of any period, the number of days in the relevant period divided by 360 (the number of days to be calculated on the Holdersbasis of a year of 360 days with 12 30-day months). Distribution payable under this Condition will be paid in accordance with Condition 6 (Payments).

Appears in 1 contract

Samples: Agency Agreement (PCGI Intermediate Holdings LTD)

Accrual of Distribution. Subject to ‎Section 2.05(dCondition 4(e) (Distribution – Distribution Deferral), the Securities confer a right to receive distributions distribution (each a "Distribution") from, and including including, 13 September 2019 (the Reference Date "Issue Date") at the applicable prevailing Distribution Rate (as defined below) in accordance with this ‎Section 2.05Condition 4. Subject to ‎Section 2.05(dCondition 4(e) (Distribution –Distribution Deferral), Distribution shall be payable on the Securities semi-annually in arrears arrear in equal instalments on 13 March and 13 September of each year (each, a "Distribution Payment Date"), except that with the first payment of Distribution shall be deemed to have been made on April 1, 2017 Payment Date falling in respect of the period from (and including) the Reference Date to (but excluding) April 1, 2017. Such deemed Distribution payment shall be deemed to have been deferred under ‎Section 2.05(d)(i)‎ and the Company shall not have any obligation to provide any notice or certificate under ‎Section 2.05(d) with respect to such deemed Distribution13 March 2019. Unless otherwise provided for in this Indenturethese Conditions, each Security will cease to confer the right to receive any Distribution from the due date for redemption of such Security unless, upon due presentation, payment of the full amount due is improperly withheld or refused. In such latter event, Distribution will continue to accrue on the principal amount of the Securities, including any Arrears of Distribution and any Additional Distribution Amount (if any) at the applicable Distribution Rate Rate, in each case (after as well as before any judgment) up to but excluding whichever is the earlier of (xa) the date on which all sums due in respect of any Security are received by or on behalf of the relevant Holder and (yb) the day which is seven days after the Principal Paying Fiscal Agent or has notified the Trustee Holders that it has received all sums due in respect of the Securities up to such seventh day (except to the extent that there is a failure in the subsequent payment to the relevant Holders under this Indenturethese Conditions), and after notice of such payment is provided to the Holders.

Appears in 1 contract

Samples: Agency Agreement (PCGI Intermediate Holdings LTD)

AutoNDA by SimpleDocs

Accrual of Distribution. Except in the circumstances set out in Condition 4(d), the Securities do not confer a right to receive distribution ("Distribution") in respect of the period from, and including 15 June 2017 (the "Issue Date") to, but excluding, 15 June 2022 (the "First Call Date"). Subject to ‎Section 2.05(dCondition 4(e) (Distribution – Distribution Deferral), the Securities confer a right to receive distributions (“Distribution”) Distribution from, and including including, the Reference First Call Date at the applicable prevailing Distribution Rate (as defined below) in accordance with this ‎Section 2.05Condition 4. Subject to ‎Section 2.05(dCondition 4(e) (Distribution –Distribution Deferral), Distribution shall be payable on the Securities semi-annually in arrears arrear in equal instalments on 15 June and 15 December of each year (each, a "Distribution Payment Date"), with the first Distribution Payment Date, except that in the first payment of Distribution shall be deemed to have been made on April 1circumstances set out in Condition 4(d), 2017 falling in respect of the period from (and including) the Reference Date to (but excluding) April 1, 2017. Such deemed Distribution payment shall be deemed to have been deferred under ‎Section 2.05(d)(i)‎ and the Company shall not have any obligation to provide any notice or certificate under ‎Section 2.05(d) with respect to such deemed DistributionJune 2022. Unless otherwise provided for in this Indenturethese Conditions, each Security will cease to confer the right to receive any Distribution from the due date for redemption of such Security unless, upon due presentation, payment of the full amount due is improperly withheld or refused. In such latter event, Distribution will continue to accrue on the principal amount of the Securities, including any Arrears of Distribution and any Additional Distribution Amount (if any) at the applicable Distribution Rate Rate, in each case (after as well as before any judgment) up to but excluding whichever is the earlier of (xa) the date on which all sums due in respect of any Security are received by or on behalf of the relevant Holder and (yb) the day which is seven days after the Principal Paying Fiscal Agent or has notified the Trustee Holders that it has received all sums due in respect of the Securities up to such seventh day (except to the extent that there is a failure in the subsequent payment to the relevant Holders under this Indenturethese Conditions), and after notice of such payment is provided to the Holders.

Appears in 1 contract

Samples: Agency Agreement (PCGI Intermediate Holdings LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!