Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article XII only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest) on Securities or on account of the purchase or other acquisition of Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion or exchange of a Security shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section 12.15, the term "
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust)
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article XII only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premiumor, premium if any, on) or interest (including any Additional Interest) on such Securities or on account of the purchase or other acquisition of such Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion or exchange of a Security shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section 12.15Section, the term "
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Broad National Bancorporation), Junior Subordinated Indenture (BNB Capital Trust)
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article XII only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any, on) or interest (including any Additional Interest) on such Securities or on account of the purchase or other acquisition of such Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion or exchange of a Security shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section 12.15Section, the term "β
Appears in 1 contract
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD)
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article XII only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional InterestSums and Additional Amounts, if any) on Securities or on account of the purchase or other acquisition of Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion or exchange of a Security shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section 12.15Section, the term "
Appears in 1 contract
Samples: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc)
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article XII only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest) on Securities Debentures or on account of the purchase or other acquisition of SecuritiesDebentures, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion or exchange of a Security Debenture shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section 12.15Section, the term "
Appears in 1 contract
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article XII XV only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Defaulted Interest) on Securities or on account of the purchase or other acquisition of Securities, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion or exchange of a Security shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section 12.1515.9, the term "
Appears in 1 contract
Samples: Indenture (CNBF Capital Trust I)
Certain Conversions or Exchanges Deemed Payment. For the purposes of this Article XII XIII only, (a) the issuance and delivery of junior securities upon conversion or exchange of Securities Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or of, premium, if any) , or interest (including any Additional Interest) on Securities Debentures or on account of the purchase or other acquisition of SecuritiesDebentures, and (b) the payment, issuance or delivery of cash, property or securities (other than junior securities) upon conversion or exchange of a Security Debenture shall be deemed to constitute payment on account of the principal of such security. For the purposes of this Section 12.1513.15, the term "
Appears in 1 contract
Samples: Indenture (Txi Capital Trust I)
