Amount and Issue of the Notes. (A) Amount of the Notes, Final Terms and Legal Opinions: (B) Covenant to repay principal and to pay interest: (i) every payment of principal or interest or other sum due in respect of the Notes made to or to the order of the Agent in the manner provided in the Agency Agreement shall be in satisfaction pro tanto of the relative covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders or Couponholders (as the case may be); (ii) in the case of any payment of principal made to the Trustee or the Agent after the due date or on or after accelerated maturity following an Event of Default interest shall continue to accrue on the nominal amount of the relevant Notes (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the Agent); and (iii) in any case where payment of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (ii) above), interest shall accrue on the nominal amount of such Note (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) (whether individually or in accordance with Condition 14) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, such payment is made. The Trustee will hold the benefit of this covenant on trust for the Noteholders, the Receiptholders and the Couponholders and itself in accordance with these presents.
Appears in 2 contracts
Samples: Supplemental Trust Deed (Cadbury Schweppes Public LTD Co), Supplemental Trust Deed (Cadbury Schweppes Public LTD Co)
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interest:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or (in the case of CMU Notes) to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be); and) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 12;
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1412) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the case may be; and
(d) if at any time the Issuer is in Winding Up or in a Qualifying Procedure, the Receiptholders Issuer shall be obliged to pay to or to the order of the Trustee only such amounts (if any) in respect of or arising under the Tier 2 Notes as are specified in, and the Couponholders and itself in accordance with these presentswith, Clause 5.
Appears in 2 contracts
Samples: Forty First Supplemental Trust Deed, Forty First Supplemental Trust Deed
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interestinterest As and when the Notes of any Series or any of them become due to be redeemed in accordance with the Conditions, the Issuer shall (subject, where applicable to Clause 5) unconditionally pay or procure to be paid to or to the order of the Trustee in the relevant currency in immediately available funds the principal amount in respect of the Notes of such Series becoming due for redemption on that date and (except in the case of Zero Coupon Notes) shall (subject to the provisions of the Conditions) in the meantime and until redemption in full of the Notes of such Series (as well after as before any judgment or other order of any court of competent jurisdiction) (subject, where applicable to Clause 5) unconditionally pay or procure to be paid to or to the order of the Trustee as aforesaid interest in respect of the Notes outstanding of such Series at rates and/or in amounts calculated from time to time in accordance with or specified in, and on the dates provided for in, the Conditions (subject to Clause 2.4) PROVIDED THAT:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or (in the case of CMU Notes) to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be); and) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 13;
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1413) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the case may be; and
(d) if at any time the Issuer is in Winding Up or in a Qualifying Procedure, the Receiptholders Issuer shall be obliged to pay to or to the order of the Trustee only such amounts (if any) in respect of or arising under the Tier 2 Notes as are specified in, and the Couponholders and itself in accordance with these presentswith, Clause 5.
Appears in 2 contracts
Samples: Trust Deed, Supplemental Trust Deed
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interest:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or (in the case of CMU Notes) to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(h) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be)) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 12; and
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(h) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1412) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the Receiptholders and the Couponholders and itself in accordance with these presentscase may be.
Appears in 1 contract
Samples: Third Supplemental Trust Deed
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interest:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or (in the case of CMU Notes) to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be)) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 12; and
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1412) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the Receiptholders and the Couponholders and itself in accordance with these presentscase may be.
Appears in 1 contract
Samples: Fifth Supplemental Trust Deed
Amount and Issue of the Notes. (A) Amount of the Notes, Final Terms Pricing Supplements and Legal Opinions:: THE Notes will be issued in Series in an aggregate nominal amount from time to time outstanding not exceeding the Programme Limit from time to time and for the purpose of determining such aggregate nominal amount Clause 3(5) of the Programme Agreement shall apply. By not later than 3.00 p.m. (London time) on the London Business Day preceding each proposed Issue Date, the Issuer shall deliver or cause to be delivered to the Trustee a copy of the applicable Pricing Supplement in relation to the proposed issue and shall notify the Trustee in writing without delay of the relevant Issue Date and the nominal amount of the Notes to be issued. Upon the issue of the relevant Notes, such Notes shall become constituted by these presents without further formality. Before the first issue of Notes occurring after each anniversary of this Trust Deed, the Issuer or, as the case may be, the Guarantor will procure that a further legal opinion or further legal opinions in such form and with such content as the Trustee may reasonably require from the legal advisers specified in the Programme Agreement is/are delivered to the Trustee. Whenever such a request is made with respect to any Notes to be issued, the receipt of such opinion(s) in a form satisfactory to the Trustee shall be a further condition precedent to the issue of those Notes.
(B) Covenant to repay principal and to pay interest: The Issuer covenants with the Trustee that it will, as and when the Notes of any Series or any of them or any instalment of principal in respect thereof becomes due to be redeemed in accordance with the Conditions, unconditionally pay or procure to be paid to or to the order of the Trustee in the relevant currency in immediately available funds the nominal amount in respect of the Notes of such Series or the amount of such instalment becoming due for redemption on that date and (except in the case of Zero Coupon Notes) shall in the meantime and until redemption in full of the Notes of such Series (both before and after any judgment or other order of a court of competent jurisdiction) unconditionally pay or procure to be paid to or to the order of the Trustee as aforesaid interest (which shall accrue from day to day) on the nominal amount of the Notes outstanding of such Series at rates and/or in amounts calculated from time to time in accordance with, or specified in, and on the dates provided for in, the Conditions (subject to Clause 2(D)) PROVIDED THAT:
(i) every payment of principal or interest or other sum due in respect of the Notes made to or to the order of the Agent in the manner provided in the Agency Agreement shall be in satisfaction pro tanto of the relative covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders or Couponholders (as the case may be);
(ii) in the case of any payment of principal made to the Trustee or the Agent after the due date or on or after accelerated maturity following an Event of Default interest shall continue to accrue on the nominal amount of the relevant Notes (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j6(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be not later than 30 14 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the Agent); and
(iii) in any case where payment of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (ii) above), ) interest shall accrue on the nominal amount of such Note (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j6(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid from and including the date of such withholding or refusal until up to and including the date on which, upon further presentation of the relevant Note, payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made or (if earlier) the seventh day after which notice is given to the relevant Noteholder(s) Noteholder (whether either individually or in accordance with Condition 1413) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, such payment is made. The Trustee will hold the benefit of this covenant on trust for the Noteholders, the Receiptholders and the Couponholders and itself in accordance with these presents.
Appears in 1 contract
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interest:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU Service except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or (in the case of CMU Notes) to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(h) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be)) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 12; and
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(h) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1412) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the Receiptholders and the Couponholders and itself in accordance with these presentscase may be.
Appears in 1 contract
Samples: Second Supplemental Trust Deed
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interest:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU Service except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or (in the case of CMU Notes) to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be); and) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 12;
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1412) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the case may be; and
(d) if at any time the Issuer is in Winding Up or in a Qualifying Procedure, the Receiptholders Issuer shall be obliged to pay to or to the order of the Trustee only such amounts (if any) in respect of or arising under the Tier 2 Notes as are specified in, and the Couponholders and itself in accordance with these presentswith, Clause 5.
Appears in 1 contract
Samples: Supplemental Trust Deed
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interestinterest As and when the Notes of any Series or any of them become due to be redeemed in accordance with the Conditions, the Issuer shall unconditionally pay or procure to be paid to or to the order of the Trustee in the relevant currency in immediately available funds the principal amount in respect of the Notes of such Series becoming due for redemption on that date and (except in the case of Zero Coupon Notes) shall (subject to the provisions of the Conditions) in the meantime and until redemption in full of the Notes of such Series (as well after as before any judgment or other order of any court of competent jurisdiction) unconditionally pay or procure to be paid to or to the order of the Trustee as aforesaid interest in respect of the Notes outstanding of such Series at rates and/or in amounts calculated from time to time in accordance with or specified in, and on the dates provided for in, the Conditions (subject to Clause 2.4) PROVIDED THAT:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or (in the case of CMU Notes) to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be)) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 12; and
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(i) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1412) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the Receiptholders and the Couponholders and itself in accordance with these presentscase may be.
Appears in 1 contract
Samples: Trust Deed
Amount and Issue of the Notes. (A) Amount of the Notes, Final Terms Pricing Supplements and Legal Opinions:
(B) Covenant to repay principal and to pay interest:
(i) every payment of principal or interest or other sum due in respect of the Notes made to or to the order of the Agent in the manner provided in the Agency Agreement shall be in satisfaction pro tanto of the relative covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders or Couponholders (as the case may be);
(ii) in the case of any payment of principal made to the Trustee or the Agent after the due date or on or after accelerated maturity following an Event of Default interest shall continue to accrue on the nominal amount of the relevant Notes (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be not later than 30 days after Back to Contents the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the Agent); and
(iii) in any case where payment of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (ii) above), interest shall accrue on the nominal amount of such Note (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) (whether individually or in accordance with Condition 14) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, such payment is made. The Trustee will hold the benefit of this covenant on trust for the Noteholders, the Receiptholders and the Couponholders and itself in accordance with these presents.
Appears in 1 contract
Samples: Fourth Supplemental Trust Deed (Cadbury Schweppes Public LTD Co)
Amount and Issue of the Notes. (A) Amount of the Notes, Final Terms Pricing Supplements and Legal Opinions:
(B) Covenant to repay principal and to pay interest:
(i) every payment of principal or interest or other sum due in respect of the Notes made to or to the order of the Agent in the manner provided in the Agency Agreement shall be in satisfaction pro tanto of the relative covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders or Couponholders (as the case may be);
(ii) in the case of any payment of principal made to the Trustee or the Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall (subject, where applicable, as provided in the Conditions) continue to accrue on the nominal amount of the relevant Notes (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j6(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid (or, if higher, the rate of interest on judgment debts for the time being provided by English law) up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be not later than 30 seven days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the Agent); and
(iii) in any case where payment of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (ii) above), ) interest shall accrue on the nominal amount of such Note (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j6(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid (or, if higher, the rate of interest on judgment debts for the time being provided by English law) from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) (whether individually or in accordance with Condition 1413) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, such payment is made. The Trustee will hold the benefit of this covenant on trust for the Noteholders, the Receiptholders and the Couponholders and itself in accordance with these presents.
Appears in 1 contract
Samples: Supplemental Trust Deed (Countrywide Credit Industries Inc)
Amount and Issue of the Notes. (A) Amount of the Notes, Final Terms Pricing Supplements and Legal Opinions:
(B) Covenant to repay principal and to pay interest:
(i) every payment of principal or interest or other sum due in respect of the Notes made to or to the order of the Principal Paying Agent in the manner provided in the Agency Agreement shall be in satisfaction pro tanto of the relative covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders or Couponholders (as the case may be);
(ii) in the case of any payment of principal which is not made to the Trustee or the Principal Paying Agent after on or before the due date or which is so made on or after accelerated maturity following an Event of Default Default, interest shall (subject, where applicable, as provided in the Conditions) continue to accrue on the nominal amount of the relevant Notes (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the Principal Paying Agent); and
(iii) in any case where payment of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (ii) above), ) interest shall accrue on the nominal amount of such Note (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) (whether individually or in accordance with Condition 14) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, such payment is made. The Trustee will hold the benefit of this covenant on trust for the Noteholders, the Receiptholders and the Couponholders and itself in accordance with these presents.
Appears in 1 contract
Samples: Trust Deed (United Utilities PLC)
Amount and Issue of the Notes. (A) 2.1 Amount of the Notes, Final Terms Terms, Pricing Supplements and Legal Opinions:
(B) 2.2 Covenant to repay principal and to pay interest:
(ia) every payment of principal or interest or any other sum due in respect of the Notes made to or to the order of (in the case of Notes other than CMU Notes) the Agent or (in the case of CMU Notes) the CMU Lodging and Paying Agent, in each case in the manner provided in the Agency Agreement Agreement, shall be operate in satisfaction pro tanto of the relative relevant covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series including whether or not the corresponding entries have been made, (i) in the case of Notes represented by a NGN, in the records of Euroclear and Clearstream, Luxembourg or (ii) in the case of CMU Notes, in the records of the CMU Service except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders Noteholders or Couponholders (as the case may be);
(iib) in the case of any payment of principal made (in the case of Notes other than CMU Notes) to the Trustee or the Agent or, (in the case of CMU Notes), to the Trustee or the CMU Lodging and Paying Agent after the due date or on or after accelerated maturity following an Event of Default Default, interest shall continue to accrue on the nominal principal amount outstanding of the relevant Notes (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be being not later than 30 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the AgentAgent or the CMU Lodging and Paying Agent (as the case may be); and) which the Trustee determines to be the date on and after which payment is to be made to the holders of such Notes in respect thereof as stated in a notice given to the holders of such Notes in accordance with Condition 12;
(iiic) in any case where payment by an Agent or the CMU Lodging and Paying Agent, as the case may be, of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (iiClause 2.2(b) above), ) interest shall accrue on the nominal principal amount outstanding of such Note (except in the case of Zero Coupon Notes Notes, to which the provisions of Condition 7(j5(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates and/or in the amounts aforesaid from the date of such withholding or refusal until the date on which, upon further presentation of the relevant Note, which payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made by the relevant Agent or the CMU Lodging and Paying Agent, as the case may be, or (if earlier) the seventh day after notice is given to the relevant Noteholder(s) Noteholder (whether individually or in accordance with Condition 1412) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, PROVIDED THAT such payment is made. The Trustee will hold made by the benefit of this covenant on trust for relevant Agent or the NoteholdersCMU Lodging and Paying Agent, as the case may be; and
(d) if at any time the Issuer is in Winding Up or in a Qualifying Procedure, the Receiptholders Issuer shall be obliged to pay to or to the order of the Trustee only such amounts (if any) in respect of or arising under the Tier 2 Notes as are specified in, and the Couponholders and itself in accordance with these presentswith, Clause 5.
Appears in 1 contract
Samples: Supplemental Trust Deed
Amount and Issue of the Notes. (A) Amount of the Notes, Final Terms Pricing Supplements and Legal Opinions:
(B) Covenant to repay principal and to pay interest:
(i) every payment of principal or interest or other sum due in respect of the Notes made to or to the order of the Agent in the manner provided in the Agency Agreement shall be in satisfaction pro tanto of the relative covenant by the relevant Issuer in this Clause contained in relation to the Notes of such Series except to the extent that there is a default in the subsequent payment thereof in accordance with the Conditions to the relevant Noteholders, Receiptholders or Couponholders (as the case may be);
(ii) in the case of any payment of principal made to the Trustee or the Agent after the due date or on or after accelerated maturity following an Event of Default interest shall continue to accrue on the nominal amount of the relevant Notes (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j6(j) shall apply) (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid up to and including the date which the Trustee determines to be the date on and after which payment is to be made in respect thereof as stated in a notice given to the holders of such Notes (such date to be not later than 30 14 days after the day on which the whole of such principal amount, together with an amount equal to the interest which has accrued and is to accrue pursuant to this proviso up to and including that date, has been received by the Trustee or the Agent); and
(iii) in any case where payment of the whole or any part of the principal amount of any Note is improperly withheld or refused upon due presentation thereof (other than in circumstances contemplated by (ii) above), ) interest shall accrue on the nominal amount of such Note (except in the case of Zero Coupon Notes to which the provisions of Condition 7(j6(j) shall apply) payment of which has been so withheld or refused (both before and after any judgment or other order of a court of competent jurisdiction) at the rates aforesaid from and including the date of such withholding or refusal until up to and including the date on which, upon further presentation of the relevant Note, payment of the full amount (including interest as aforesaid) in the relevant currency payable in respect of such Note is made or (if earlier) the seventh day after which notice is given to the relevant Noteholder(s) Noteholder (whether either individually or in accordance with Condition 1413) that the full amount (including interest as aforesaid) in the relevant currency in respect of such Note is available for payment, provided that, upon further presentation thereof being duly made, such payment is made. The Trustee will hold the benefit of this covenant on trust for the Noteholders, the Receiptholders and the Couponholders and itself in accordance with these presents.
Appears in 1 contract