Common use of Application of Monies Collected by Trustee Clause in Contracts

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 4 contracts

Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Salix Pharmaceuticals LTD), Alliance Data Systems Corp

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Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 4 contracts

Samples: Indenture (Molina Healthcare Inc), Indenture (Tibco Software Inc), Indenture (Lam Research Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee Trustee, including its agents and counsel, under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of any interest on on, and any cash due upon exchange of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon exchange, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) payable upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled theretoHolders based on the aggregate principal amount of Notes held thereby; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon exchange) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon exchange) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon exchange) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 4 contracts

Samples: Backstop Agreement (KORE Group Holdings, Inc.), Indenture (KORE Group Holdings, Inc.), Backstop Agreement (Cerberus Telecom Acquisition Corp.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 VI with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 3 contracts

Samples: Indenture (Encore Capital Group Inc), Indenture (Infinera Corp), Encore Capital Group Inc

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.07 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 3 contracts

Samples: Second Supplemental Indenture (TimkenSteel Corp), Indenture (TimkenSteel Corp), First Supplemental Indenture (TimkenSteel Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 VI with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash for any fractional shares due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash for any fractional shares due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, for any fractional shares due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash for any fractional shares due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due for any fractional shares upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 3 contracts

Samples: Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, to the Holders of Senior Debt to the extent required by Article 13; Third, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; ThirdFourth, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and FourthFifth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (Solazyme Inc), Indenture (Solazyme Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied applied, subject to applicable law, in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the due date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by or rates, if any, specified in the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due or, if applicable, the payment of the Fundamental Change Repurchase Price or any cash due upon conversion shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and principal, interest, including Additional Interestthe Fundamental Change Repurchase Price or cash due upon conversion, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by or rates, if any, specified in the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest principal, interest, the Fundamental Change Repurchase Price or cash due upon conversion without preference or priority of any such amount over each other (including principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note), ratably to the aggregate of such principal and principal, accrued and unpaid interest, and Additional Interest, if anythe Fundamental Change Repurchase Price or cash due upon conversion; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (TPG Specialty Lending, Inc.), TCP Capital Corp.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes plus one percent at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes plus one percent at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (Savient Pharmaceuticals Inc), Indenture (Savient Pharmaceuticals Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes and any other monies or property distributable in respect of the Company’s obligations under the Indenture following an Event of Default specified in Section 5.02(h) or Section 5.02(i) with respect to the Company shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with Applicable Procedures, with respect to Global Notes): First, to the payment of all amounts due the Trustee under Section 8.067.07 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount (including the payment of the Fundamental Change Repurchase Purchase Price and the any cash component of the Conversion Obligationdue upon conversion, if any, applicable) then owing and unpaid upon the Notes for principal and principal, interest, including Additional Interest, if any, and any cash due upon conversion and other amounts then payable on the Notes, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest and any such cash due upon conversion or other amounts at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Purchase Price and the cash due upon conversion), and such interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Purchase Price and any cash due upon conversion), and such accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Tesla Motors Inc), Tesla Motors Inc

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes Debentures shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several NotesDebentures, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes Debentures shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, Debentures in default in the order of the date due of the installments payments of such interest, with interest (only to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes Debentures at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes Debentures shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes Debentures for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, only to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes Debentures at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the NotesDebentures, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note Debenture over any other NoteDebenture, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: webfiles.thecse.com, sedar-filings-backup.thecse.com

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 V with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.066.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, Notes in default in the order of the date due maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such timeNotes, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component (including, if applicable, payments in respect of the Conversion Obligation, if any, Obligation and Additional Shares) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such timeNotes, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyCompany or as a court of competent jurisdiction shall direct in writing.

Appears in 2 contracts

Samples: Indenture (Sandisk Corp), Sandisk Corp

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes 6 shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee Trustee, the Paying Agent or the Exchange Agent under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon exchange of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon exchange, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Redemption Price and the Fundamental Change Purchase Price and any cash component of the Conversion Obligation, if any, due upon exchange) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Purchase Price and the cash due upon exchange) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price the Fundamental Change Purchase Price and any cash due upon exchange) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Welltower OP LLC, Welltower OP LLC

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (CorEnergy Infrastructure Trust, Inc.), Radius Global Infrastructure, Inc.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 VI with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (Resource Capital Corp.), Indenture (Resource Capital Corp.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee and its agents under Section 8.06the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price, the Redemption Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Guidewire Software (Guidewire Software, Inc.), First Supplemental Indenture (Repligen Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes Debentures shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several NotesDebentures, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes Debentures shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Debentures in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes Debentures at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes Debentures shall have become due, by declaration of acceleration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes Debentures for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes Debentures at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the NotesDebentures, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note Debenture over any other NoteDebenture, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (Vishay Intertechnology Inc), Indenture (Vishay Intertechnology Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 VI with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the due date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: HCI Group, Inc., Portfolio Recovery Associates Inc

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06this Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of any interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest is permitted by applicable law and has been collected by the Trustee) upon the such overdue installments of interest amounts at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid unpaid, to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest is permitted by applicable law and has been collected by the Trustee) upon such overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and any interest without preference or priority of principal over any interest, or of any interest over principal principal, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and any accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (Akamai Technologies Inc), Indenture (Akamai Technologies Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes Bonds shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several NotesBonds, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes Bonds shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon exchange of, the Notes, including Additional Interest, if any, Bonds in default in the order of the date due of the installments payments of such interestinterest and cash due upon exchange, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes Bonds at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes Bonds shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Tax Event Repurchase Price, the Change of Control Repurchase Price and or the cash component of the Conversion Obligation, if any, Listing Failure Event Repurchase Price) then owing and unpaid upon the Notes Bonds for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes Bonds at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the NotesBonds, then to the payment of such principal (including, if applicable, the payment of the Tax Event Repurchase Price, the Change of Control Repurchase Price or the Listing Failure Event Repurchase Price) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note Bond over any other NoteBond, ratably to the aggregate of such principal (including, if applicable, the payment of the Tax Event Repurchase Price, the Change of Control Repurchase Price or the Listing Failure Event Repurchase Price) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Transocean Inc, Transocean Ltd.

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06 and any payments due to the Paying Agent, the Transfer Agent, the Conversion Agent and the Note Registrar; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate per annum borne by the Notes at such time, plus one percent (including, without duplication, any additional interest on such overdue payments pursuant to Section 6.04), such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate per annum borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (iQIYI, Inc.), Indenture (Baidu, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Purchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Purchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Purchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 2 contracts

Samples: Indenture (FXCM Inc.), Indenture (Electronic Arts Inc.)

Application of Monies Collected by Trustee. Any monies or other property collected by the Trustee pursuant to this Article 7 Section 6.02 with respect to the Notes Debt Securities and Coupons, if any, of any series shall be applied applied, after giving effect to the provisions of Article XIII, in the order following, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or other property, upon presentation of the several NotesDebt Securities or Coupons of such series in respect of which monies or other property have been collected, and stamping the notation thereon of the payment, if only partially paid, and upon surrender thereof, thereof if fully paid: First, to FIRST: To the payment of all amounts money due the Trustee under pursuant to Section 8.067.06; Second, in SECOND: In case the principal of the outstanding Notes Outstanding Debt Securities in respect of which such monies have been collected shall not have become due and be unpaiddue, to the payment of interest on the Notes, including Additional Interest, if any, in default Debt Securities or Coupons of such series in the order of the date due maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Notes at Debt Securities or Coupons of such timeseries, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; Third, in THIRD: In case the principal of the outstanding Notes Outstanding Debt Securities in respect of which such monies have been collected shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes Debt Securities or Coupons of such series for principal and interest, including Additional Interestpremium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Notes at Debt Securities or Coupons of such timeseries; and, and in case such monies shall be insufficient to pay in full the whole amounts amount so due and unpaid upon the NotesDebt Securities and Coupons of such series, then to the payment of such principal and interest premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note Debt Security or Coupon of such series over any other NoteDebt Security or Coupon of such series, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interestpremium, if any, and interest; and Fourth, to the payment of the FOURTH: The remainder, if any, shall be paid to the Company, its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Texas Capital Bancshares Inc/Tx

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Everbridge, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.066.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest Interest on the Notes, including Additional Interest, if any, Notes in default in the order of the date due maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled theretoInterest; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid unpaid, to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component (including, if applicable, payments in respect of the Conversion Obligation, if any, Obligation and Cash Make-Whole Premium) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest Interest without preference or priority of principal over interestInterest, or of interest Interest over principal or of any installment of interest Interest over any other installment of interestInterest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyCompany or any other Person lawfully entitled thereto.

Appears in 1 contract

Samples: Indenture (Cadence Design Systems Inc)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee in any of its capacities hereunder under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company. Section 6.06.

Appears in 1 contract

Samples: Neogenomics Inc

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Noteson, including Additional Interestand any cash (or, if anyapplicable, other property) due upon conversion of, the Notes in default in the order of the date due of the installments payments of such interestinterest and cash (or, if applicable, other property) due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments, which will accrue at the rate borne by the Notes at such timeset forth in Section 2.03(c), such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation(or, if anyapplicable, other property) due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, any (with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timeinterest, in each case as provided in Section 2.03(c)), and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Integrated Device Technology Inc)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 5, or after an Event of Default any money or property distributable with respect to the Notes Notes, shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.07 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Horizon Global Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 ‎Article 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee (including any other role or capacities in which the Trustee acts with respect to the Notes) under Section 8.06‎Section 7.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Live Nation Entertainment, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee Trustee, including its agent and counsel, under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Sarepta Therapeutics, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if anyany Extension Fee, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and premium, if any, and interest, including Additional Interest, if anyany Extension Fee, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Teradyne, Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Alaska Communications Systems Group Inc

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 VI with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06hereunder; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid unpaid, to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price, the Redemption Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Encore Capital Group Inc

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.066.06 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Supplemental Indenture (Bottomline Technologies Inc /De/)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes and any other monies or property distributable in respect of the Company’s obligations under the Indenture following an Event of Default specified in Section 5.02(h) or Section 5.02(i) with respect to the Company shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with Applicable Procedures, with respect to Global Notes): First, to the payment of all amounts due the Trustee under Section 8.06the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the due date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount (including the payment of the Fundamental Change Repurchase Price, the Redemption Price and the any cash component of the Conversion Obligationdue upon conversion, if any, applicable) then owing and unpaid upon the Notes for principal and principal, interest, including Additional Interest, if any, and any cash due upon conversion and other amounts then payable on the Notes, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest and any such cash due upon conversion or other amounts at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and the cash due upon conversion), and such interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and any cash due upon conversion), and such accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Insmed Incorporated (INSMED Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate Cash Interest Rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate Cash Interest Rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Eos Energy Enterprises, Inc.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee in all of its capacities under Section 8.06this Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of any interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that any such interest is payable on such Notes and has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the of Special Interest then payable on such Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Special Interest, if any, with interest (to the extent that any interest is payable on such Notes and has been collected by the Trustee) on the overdue principal and (to the extent that such interest has been collected by the Trustee) , payable upon such overdue installments of interest amounts at the rate borne by the Notes at of Special Interest then payable on such timeNotes, if any, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and any interest without preference or priority of principal over interest, or of any interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, Table of Contents ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and any accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Ionis Pharmaceuticals Inc

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes and any other monies or property distributable in respect of the Company’s obligations under the Indenture following an Event of Default specified in Section 5.02(i) or Section 5.02(j) with respect to the Company shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with applicable procedures of the Depositary, with respect to Global Notes): First, to the payment of all amounts due the Trustee under Section 8.067.07 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such timetime plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount (including the payment of Redemption Price or the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligationdue upon conversion, if any, applicable) then owing and unpaid upon the Notes for principal and principal, any Make-Whole Premium, interest, including Additional Interest, if any, and any cash due upon conversion and other amounts then payable on the Notes, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest and any such cash due upon conversion or other amounts at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price or the Fundamental Change Repurchase Price and the cash due upon conversion), such Make-Whole Premium, and such interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price or the Fundamental Change Repurchase Price and any cash due upon conversion), such Make-Whole Premium, and such accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: XPO Logistics, Inc.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee and its agents under Section 8.06the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, time such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price or the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price or the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price or the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Inotek Pharmaceuticals Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee (in each of its capacities) under Section 8.06this Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Vonage Holdings Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due to the Trustee Trustee, in all of its capacities, under Section 8.06this Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Invacare Corp

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Purchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Purchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Purchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Tower Group, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 V with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.07 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash for any fractional shares due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash for any fractional shares due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, for any fractional shares due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash for any fractional shares due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due for any fractional shares upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Clovis Oncology, Inc.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.34

Appears in 1 contract

Samples: Indenture (Tricida, Inc.)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price, the Specified Date Repurchase Price, the Redemption Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Specified Date Repurchase Price, the Redemption Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Specified Date Repurchase Price, the Redemption Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Molina Healthcare Inc)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 ‎Article 6 with respect to the Notes and any other monies or property distributable in respect of the Company’s obligations under this Indenture following an Event of Default specified in ‎Section 6.01(h) or ‎Section 6.01(i) with respect to the Company shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee or any predecessor Trustee under Section 8.06‎Section 7.07; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Cypress Semiconductor Corp /De/)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on, and any cash due on conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due on conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price or Redemption Price and the any cash component of the Conversion Obligation, if any, due on conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price or Redemption Price and the cash due on conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price or Redemption Price and any cash due on conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: B2gold Corp (B2gold Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06 and any payments due to the Paying Agent, the Transfer Agent, the Conversion Agent and the Note Registrar; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate per annum borne by the Notes at such timetime (including, without duplication, any additional interest on such overdue payments pursuant to Section 6.04), such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate per annum borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Momo Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes Securities shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several NotesSecurities, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes Securities shall not have become due and be unpaid, to the payment of interest on on, and the Notescash due upon any conversion of, including Additional Interest, if any, the Securities in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes Securities at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes Securities shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, due upon any conversion) then owing and unpaid upon the Notes Securities for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes Securities at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the NotesSecurities, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon any conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note Security over any other NoteSecurity, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon any conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Ezcorp Inc

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and premium, if any, and interest, including Additional Interest, if any, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Sothebys)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 V with respect to the Notes and any other monies or property distributable in respect of the Company’s obligations under this Indenture following an Event of Default specified in Section 5.02(i) or Section 5.02(j) with respect to the Company shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with Applicable Procedures, with respect to Global Notes): First, to the payment of all amounts due the Trustee and any predecessor Trustee under Section 8.067.06 of the Original Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such timetime plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount (including the payment of the Redemption Price or Fundamental Change Repurchase Price and the any cash component of the Conversion Obligationdue upon conversion, if any, applicable) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, and any cash due upon conversion other amounts then payable on the Notes, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest and any such cash due upon conversion or other amounts at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and such interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and such accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Radian Group Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06(acting in any capacity) hereunder; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: aphriainc.com

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 3 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.066.06 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Second Supplemental Indenture (Borgwarner Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, subject to the provisions of Article 13, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, subject to the provisions of Article 13, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, subject to the provisions of Article 13, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (LGI Homes, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons Holders entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration of acceleration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Altra Holdings, Inc.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 VI with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash for any fractional shares due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash for any fractional shares due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, Fundamental Change Repurchase Price Price, any Additional Amounts and the any cash component of the Conversion Obligation, if any, for any fractional shares due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash for any fractional shares due upon conversion), any Additional Amounts, and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, Fundamental Change Repurchase Price and any cash due for any fractional shares upon conversion), any Additional Amounts and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Quotient LTD

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee in all of its capacities under Section 8.06this Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Mannkind Corp)

Application of Monies Collected by Trustee. Any After an Event of Default, any monies or properties distributable in respect of the Company’s obligations under the Indenture, or any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.07 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Senior Indenture (Molycorp, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06 and any payments due to the Paying Agent, the Conversion Agent and the Note Registrar; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate per annum borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate per annum borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, Repurchase Price or Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (NQ Mobile Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due to the Trustee under Section 8.067.06, including its agents and counsel; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of any interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) payable upon the such overdue installments of interest amounts at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Q2 Holdings, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes and any other monies or property distributable in respect of the Company’s obligations under the Indenture following an Event of Default specified in Section 5.02(h) or Section 5.02(i) with respect to the Company shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with Applicable Procedures, with respect to Global Notes): First, to the payment of all amounts due the Trustee under Section 8.067.07 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the due date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount (including the payment of the Fundamental Change Repurchase Purchase Price and the any cash component of the Conversion Obligationdue upon conversion, if any, applicable) then owing and unpaid upon the Notes for principal and principal, interest, including Additional Interest, if any, and any cash due upon conversion and other amounts then payable on the Notes, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest and any such cash due upon conversion or other amounts at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Purchase Price and the cash due upon conversion), and such interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Purchase Price and any cash due upon conversion), and such accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Tesla, Inc.)

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Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Chesapeake Energy Corp

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the chronological order of the date due of the installments payments of such interestinterest and cash due upon conversion became due, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid unpaid, to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Knight Capital Group, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes and any other monies or property distributable in respect of the Company’s obligations under the Indenture following an Event of Default specified in Section 5.02(i) or Section 5.02(j) with respect to the Company shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with applicable procedures of the Depositary, with respect to Global Notes): First, to the payment of all amounts due the Trustee under Section 8.069.06 of the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount (including the payment of Redemption Price, if applicable, the Fundamental Change Repurchase Price and the cash component of the Conversion ObligationPrice, if anyapplicable, and any cash due upon conversion) then owing and unpaid upon the Notes for principal and principal, interest, including Additional Interest, if any, and any cash due upon conversion and other amounts then payable on the Notes, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest and any such cash due upon conversion or other amounts at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, the Redemption Price, if applicable, the Fundamental Change Repurchase Price, if applicable, and any cash due upon conversion), and such interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including the Redemption Price, if applicable, the Fundamental Change Repurchase Price, if applicable, and any cash due upon conversion), and such accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyCompany or as a court of competent jurisdiction shall direct in writing.

Appears in 1 contract

Samples: RPM International Inc/De/

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes or, after an Event of Default, any money or other property distributable in respect of the Company’s obligations under this Indenture shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts (including indemnity payments) due to the Trustee Trustee, the Paying Agent, the Custodian, the Notes Registrar, the Conversion Agent and any other agent appointed hereunder and any predecessor trustee, Paying Agent, registrar or agent under this Indenture, including, without limitation, under Section 8.067.06 hereof, and the reasonably incurred expenses and disbursements of its agents and counsel; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Xerox Corp

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Purchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and premium, if any, and interest, including Additional Interest, if any, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Penson Worldwide Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyCompany or as a court of competent jurisdiction may direct in a final non-appealable order.

Appears in 1 contract

Samples: PROS Holdings, Inc.

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee in all of its capacities, including its agent and counsel, under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest(including, if any; applicable, the Redemption Price, the Fundamental Change Repurchase Price and Fourth, to the payment of the remainder, if any, to the Company.any cash due upon

Appears in 1 contract

Samples: Pacific Biosciences of California, Inc.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.066.06 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyIssuer or as a court of competent jurisdiction shall direct in writing.

Appears in 1 contract

Samples: First Supplemental Indenture (Intrexon Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, Purchase Price) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and any cash due upon conversion and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Purchase Price) and interest and any cash due upon conversion without preference or priority of principal any type of payment over interest, or of interest over principal another or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Purchase Price) and accrued and unpaid interest, interest and Additional Interest, if anyany cash due upon conversion; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Take Two Interactive Software Inc)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06 of the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount (including the payment of Redemption Price, if applicable, the Fundamental Change Repurchase Price and the cash component of the Conversion ObligationPrice, if anyapplicable, and any cash due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including the Redemption Price, if applicable, the Fundamental Change Repurchase Price, if applicable, and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including the Redemption Price, if applicable, the Fundamental Change Repurchase Price, if applicable, and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Acorda Therapeutics Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; 7.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; interest; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Redfin Corp

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes or, after an Event of Default, any money or other property distributable in respect of the Company’s obligations under this Indenture shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee (including any predecessor trustee and any other role or capacities in which the Trustee acts with respect to the Notes) under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Allegheny Technologies Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount amount, including the payment of the Fundamental Change Repurchase Purchase Price, the Changes in Canadian Tax Law Purchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal principal, over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Goldcorp Inc

Application of Monies Collected by Trustee. Any monies collected or to be applied by the Trustee pursuant to this Article 7 Article, together with respect any other monies which may then be held in trust by the Trustee under any of the provisions of this Trust Agreement (other than monies at the time required to be held for the payment of specific Notes at their stated maturities or at a time fixed for the redemption thereof) shall be applied in the following order followingfrom time to time, at on the date or dates fixed by the Trustee for and, in the case of a distribution of such moniesmonies on account of Principal, premium, if any, or Interest, upon presentation of the several Outstanding Notes, and stamping thereon the of payment, if only partially paid, and upon surrender thereof, if fully paid: FirstFIRST: to the payment of all taxes, assessments or liens, imposed upon or payable from such portion of the Trust Estate and, except those subject to which any sale shall have been made, all reasonable costs and expenses of collection, including the reasonable costs and expenses of handling the Collateral and of any sale thereof pursuant to the provisions of this Article and of the enforcement of any remedies hereunder, and to the payment of all amounts due the Trustee under Section 8.06or any predecessor Trustee; Second, SECOND: to the payment of all Delinquency Advances and other amounts then due to the Servicer as provided in this Trust Agreement; THIRD: in case the principal Principal of the outstanding Notes shall not have become due and be unpaiddue, to the payment of interest any Interest on the NotesNotes in default, including Additional Interest, if any, in default in the order of the date due maturity of the installments of such interestInterest, with interest Interest at the rates specified in the Notes in respect of overdue payments (to the extent that payment of such interest has been collected by the Trusteeshall be legally enforceable) upon on the overdue installments of interest at the rate borne by the Notes at such timethereof ratably, such payments to be made ratably to the Persons entitled theretowithout discrimination or preference; Third, FOURTH: in case the principal Principal of all the outstanding Notes shall have become duedue at their stated maturities, by declaration declaration, upon redemption or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing due and unpaid upon the Notes then Outstanding for principal and interestPrincipal, including Additional Interestpremium, if any, and Interest, together with interest Interest at the respective rates specified in the Notes in respect of overdue payments on the overdue principal Principal, premium, if any, and (to the extent that payment of such interest has been collected by the Trusteeshall be legally enforceable) upon on overdue installments of interest at the rate borne by the Notes at such timeInterest, and and, in case such monies proceeds shall be insufficient to pay in full the whole amounts amount so due and unpaid upon the Notesunpaid, then to the payment of such principal and interest without preference or priority of principal over interestPrincipal, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainderpremium, if any, and Interest on Notes ratably, without discrimination or preference; and FIFTH: in case the Principal of all the Notes shall have become due at their stated maturities, by declaration, upon redemption or otherwise, and all of such Notes shall have been fully paid, together with all interest (including any interest on overdue payments) and premium, if any, thereon, any surplus then remaining shall be paid pro-rata to the Companyholders of the Residual Trust Certificates, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct.

Appears in 1 contract

Samples: Security Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.7 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Noteson, including Additional Interestand any cash (or, if anyapplicable, other property) due upon conversion of, the Notes in default in the order of the date due of the installments payments of such interestinterest and cash (or, if applicable, other property) due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such timeprovided in Section 2.04(c), such payments to be made ratably to the Persons persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation(or, if anyapplicable, other property) due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timeas provided in Section 2.04(c), and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Nevro Corp)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 or Article V of the Base Indenture (as amended by this First Supplemental Indenture with respect to the Notes) with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with Applicable Procedures, with respect to Global Notes): First, to the payment of all amounts due the Trustee under Section 8.066.7 of the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, time such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, due upon conversion if anyapplicable), then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Atlas Air Worldwide Holdings Inc

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including any Extension Fee or Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and premium, if any, and interest, including any Extension Fee or Additional Interest, if any, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (PSS World Medical Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company. Section 6.06.

Appears in 1 contract

Samples: Indenture (Scorpio Tankers Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Zillow Group, Inc.

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: MGM Resorts International

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.066.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, Notes (including any Additional Interest) in default, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Purchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and interest, interest (including any Additional Interest, if any, ) with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, interest (including any accrued and unpaid Additional Interest, if any); and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Kaman Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the maturity date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and premium, if any, and interest, including Additional Interest, if any, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyCompany or any other Person lawfully entitled thereto.

Appears in 1 contract

Samples: Charles River Laboratories International Inc

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due to the Trustee and Collateral Agent under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of any interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that any interest is payable on such interest Notes and has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at of interest then payable on such timeNote, if any, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest interest, payable upon such overdue amounts at the rate borne by the Notes at of interest then payable on such timeNotes, if any, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and any interest without preference or priority of principal over such interest, or of any interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and any accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Acorda Therapeutics Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 with respect to the Notes 6 shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee Trustee, the Paying Agent or the Exchange Agent under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon exchange of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon exchange, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Redemption Price and the Fundamental Change Purchase Price and any cash component of the Conversion Obligation, if any, due upon exchange) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments instalments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Purchase Price and the cash due upon exchange) and interest without preference or priority of principal over interest, or of interest over principal or of any installment instalment of interest over any other installment instalment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price the Fundamental Change Purchase Price and any cash due upon exchange) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Federal Realty OP LP

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 [Defaults and Remedies] with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06 [Compensation and Expenses of Trustee]; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.. 35

Appears in 1 contract

Samples: Indenture (Evolent Health, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes or the Guarantee shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and and, with respect to any Physical Notes, stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee in all of its capacities under Section 8.06this Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon exchange of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon exchange, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate of interest borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid unpaid, to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon exchange) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate of interest borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon exchange) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon exchange) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company. Section 6.06.

Appears in 1 contract

Samples: PPL Corp

Application of Monies Collected by Trustee. Any monies or properties collected by the Trustee pursuant to this Article 7 VI with respect to the Notes Notes, and after an Event of Default any money or other property distributable in respect of the Company’s obligations under this Indenture, shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Resource Capital Corp.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.0611.01 of the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such timetime plus one percent, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price, the Repurchase Price, the Redemption Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such timetime plus one percent, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Repurchase Price, the Redemption Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Repurchase Price, the Redemption Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Stillwater Mining Co /De/)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 or Article V of the Base Indenture (as amended by this Second Supplemental Indenture with respect to the Notes) with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: paid (or in accordance with Applicable Procedures, with respect to Global Notes): First, to the payment of all amounts due the Trustee Trustee, including for reimbursement of expenses of its agents and counsel pursuant to Section 6.7(2) of the Base Indenture, under Section 8.066.7 of the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of accrued and unpaid interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, time such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, due upon conversion if anyapplicable), then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of accrued and unpaid interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Atlas Air Worldwide Holdings Inc

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and and, with respect to any Physical Notes, stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: #98368004v14 First, to the payment of all amounts due the Trustee in all of its capacities under Section 8.06this Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate of interest borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid unpaid, to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate of interest borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (PNM Resources Inc)

Application of Monies Collected by Trustee. Any monies or other property collected by the Trustee pursuant to this Article 7 Section 6.02 with respect to the Notes Debt Securities of any series shall be applied applied, in the order following, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or other property, upon presentation of the several NotesDebt Securities of such series in respect of which monies or other property have been collected, and stamping the notation thereon of the payment, if only partially paid, and upon surrender thereof, thereof if fully paid: First, to FIRST: To the payment of all amounts money due the Trustee under pursuant to Section 8.067.06; Second, in SECOND: In case the principal of the outstanding Notes Outstanding Debt Securities in respect of which such monies have been collected shall not have become due and be unpaiddue, to the payment of interest on the Notes, including Additional Interest, if any, in default Debt Securities of such series in the order of the date due maturity of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Notes at Debt Securities of such timeseries, such payments to be made ratably to the Persons entitled thereto, without discrimination or preference; Third, in THIRD: In case the principal of the outstanding Notes Outstanding Debt Securities in respect of which such monies have been collected shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component of the Conversion Obligation, if any, then owing and unpaid upon the Notes Debt Securities of such series for principal and interest, including Additional Interestpremium, if any, and interest, with interest on the overdue principal and premium, if any, and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Notes at Debt Securities of such timeseries; and, and in case such monies shall be insufficient to pay in full the whole amounts amount so due and unpaid upon the NotesDebt Securities of such series, then to the payment of such principal and interest premium, if any, and interest, without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note Debt Security of such series over any other NoteDebt Security of such series, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interestpremium, if any, and interest; and Fourth, to the payment of the FOURTH: The remainder, if any, shall be paid to the Company, its successors or assigns, or to whomsoever may be lawfully entitled to receive the same, or as a court of competent jurisdiction may direct. The Trustee may fix a record date and payment date for any payment to Holders pursuant to this Section 6.03. At least 15 days before such record date, the Company shall mail to each Holder and the Trustee a notice that states the record date, the payment date and amount to be paid.

Appears in 1 contract

Samples: Bill Barrett Corp

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied applied, subject to applicable law, in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Photronics Inc)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee and its agents and counsel under Section 8.067.06 of the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price, the Redemption Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price, the Redemption Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Radius Health, Inc.)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order following, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on the Notes, including Additional Interest, if any, in default in the order of the date due of the installments of such interest, with interest (to the extent that such interest has been collected by the Trustee) upon the overdue installments of interest at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including the payment of the Fundamental Change Repurchase Price and the cash component due in respect of any exercise of the Conversion Obligation, if any, then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (to the extent that such interest has been collected by the Trustee) upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyCompany or as a court of competent jurisdiction shall direct.

Appears in 1 contract

Samples: Indenture (Liberty Media Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee (including any other role or capacities in which the Trustee acts with respect to the Notes) under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price, the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Live Nation Entertainment, Inc.)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.067.06; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Workday, Inc.)

Application of Monies Collected by Trustee. Any Subject to the terms of the Intercreditor Agreement, any monies or property collected by the Trustee pursuant to this Article 7 with respect 6 or by the Collateral Agent pursuant to the Notes Security Documents, or any money or other property distributable in respect of the Company’s or the Guarantors’ obligations under the Indenture Documents after an Event of Default shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee under Section 8.06(in any capacity), the Collateral Agent and their respective agents hereunder; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price, Specified Repurchase Date Price, Change of Control Repurchase Price, Redemption Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price, Specified Repurchase Date Price, Change of Control Repurchase Price and Redemption Price and any cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price, Specified Repurchase Date Price, Change of Control Repurchase Price and Redemption Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the CompanyCompany or the applicable Guarantor, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Bloom Energy Corp)

Application of Monies Collected by Trustee. Any monies or property collected by the Trustee pursuant to this Article 7 6 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such moniesmonies or property, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee and its agents under Section 8.06the Base Indenture; Second, in case the principal of the outstanding Outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon conversion of, the Notes, including Additional Interest, if any, Notes in default in the order of the date due of the installments payments of such interestinterest and cash due upon conversion, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons entitled thereto; Third, in case the principal of the outstanding Outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon conversion) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Fundamental Change Repurchase Price and the cash due upon conversion) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Fundamental Change Repurchase Price and any cash due upon conversion) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: First Supplemental Indenture (Repligen Corp)

Application of Monies Collected by Trustee. Any monies collected by the Trustee pursuant to this Article 7 5 with respect to the Notes shall be applied in the order followingfollowing order, at the date or dates fixed by the Trustee for the distribution of such monies, upon presentation of the several Notes, and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First, to the payment of all amounts due the Trustee (including, without limitation, in its capacity as an Agent) under Section 8.066.7 of the Base Indenture; Second, in case the principal of the outstanding Notes shall not have become due and be unpaid, to the payment of interest on on, and any cash due upon exchange of, the Notes, including Additional Interest, if any, Notes in default in the order of the due date due of the installments payments of such interestinterest and cash due upon exchange, as the case may be, with interest (to the extent that such interest has been collected by the Trustee) upon the such overdue installments of interest payments at the rate borne by the Notes at such time, such payments to be made ratably to the Persons persons entitled thereto; Third, in case the principal of the outstanding Notes shall have become due, by declaration or otherwise, and be unpaid to the payment of the whole amount including (including, if applicable, the payment of the Redemption Price and the Fundamental Change Repurchase Price and the any cash component of the Conversion Obligation, if any, due upon exchange) then owing and unpaid upon the Notes for principal and interest, including Additional Interest, if any, with interest on the overdue principal and (and, to the extent that such interest has been collected by the Trustee) , upon overdue installments of interest at the rate borne by the Notes at such time, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and the cash due upon exchange) and interest without preference or priority of principal over interest, or of interest over principal or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal (including, if applicable, the Redemption Price and the Fundamental Change Repurchase Price and any cash due upon exchange) and accrued and unpaid interest, and Additional Interest, if any; and Fourth, to the payment of the remainder, if any, to the Company.

Appears in 1 contract

Samples: Indenture (Weatherford International PLC)

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