Common use of Collection of Indebtedness and Suits for Enforcement by Trustee Clause in Contracts

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 403 contracts

Samples: Indenture (Lakeland Industries Inc), Indenture (MultiMetaVerse Holdings LTD), Indenture (Veritone, Inc.)

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Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 56 contracts

Samples: Indenture (Jayud Global Logistics LTD), Indenture (Qilian International Holding Group LTD), Indenture (Pop Culture Group Co., LTD)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 54 contracts

Samples: Indenture (Aastrom Biosciences Inc), Indenture (Aastrom Biosciences Inc), Indenture (Marsh & McLennan Companies Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a1) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 34 contracts

Samples: Indenture (Aerovate Therapeutics, Inc.), Indenture (TScan Therapeutics, Inc.), Indenture (TScan Therapeutics, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) and (, and, to the extent that payment of such interest is enforceable under applicable law) , upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 23 contracts

Samples: IPERIONX LTD, Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 17 contracts

Samples: Indenture (Highpower International, Inc.), Green Plains Inc., Indenture (Highpower International, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payableDebentures, and such default shall have continued for a period of 90 30 days, ; or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Debentures when the same shall have become due and payable, whether upon maturity of the Securities of a series Debentures or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will shall pay to the Trustee, for the benefit of the holders of the Securities of that seriesDebentures, the whole amount that then shall have been become due and payable on all such Securities Debentures for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesDebentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.069.7.

Appears in 17 contracts

Samples: Independent Bank Corp /Mi/, Second Bancorp Incorporated (Second Bancorp Inc), Indenture (Independent Capital Trust Iii)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it default shall default be made in the payment of any installment of interest on any Security of the Securities of a any series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it default shall default be made in the payment of the principal of (or and premium, if any, on) any Security of the Securities of a any series when the same on its Maturity and such default shall have become due and payablecontinued for a period of five business days, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the such Securities of that such series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in borne by the Securities during the period of that seriessuch default; and, in addition thereto, such further amount as shall be sufficient to cover reasonable compensation to the costs Trustee, its agents, attorneys and expenses of collectioncounsel, and the amount payable to all other expenses and liabilities incurred, and all advances made, by the Trustee under Section 7.06except as a result of its negligence or bad faith. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 14 contracts

Samples: Indenture (Carnival PLC), Indenture (Carnival PLC), Indenture (Carnival PLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 13 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 10 contracts

Samples: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 10 contracts

Samples: Indenture (Yelp Inc), Indenture (Yelp Inc), Indenture (Telaria, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 9 contracts

Samples: Indenture (Nektar Therapeutics), Nektar Therapeutics, Nektar Therapeutics

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 9 contracts

Samples: Applied Materials Inc /De, Applied Materials Inc /De, Indenture (NetApp, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 8 contracts

Samples: Indenture (Brickell Biotech, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Protalix BioTherapeutics, Inc.

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 8 contracts

Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Blackstone Mortgage Trust, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, any premium on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and any premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and any premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; series and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 7 contracts

Samples: Amerant Bancorp Inc., Indenture (WGL Holdings Inc), Indenture (WGL Holdings Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series Junior Subordinated Debentures as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Junior Subordinated Debentures when the same shall have become due and payable, whether upon maturity of the Securities of a series Junior Subordinated Debentures or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the Securities of that seriesJunior Subordinated Debentures, the whole amount that then shall have been become due and payable on all such Securities Junior Subordinated Debentures for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Junior Subordinated Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesJunior Subordinated Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.069.06.

Appears in 6 contracts

Samples: Subordinated Indenture (Flagstar Trust), Union Bankshares Capital Trust I, Ebh Capital Trust I

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 6 contracts

Samples: Indenture (Kmart Corp), Guaranty Agreement (Dobson Financing Trust), Indenture (Dobson Financing Trust)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 ninety (90) days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 6 contracts

Samples: Hoth Therapeutics, Inc., Hoth Therapeutics, Inc., Guardion Health Sciences, Inc.

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 5 contracts

Samples: Net 1 Ueps Technologies Inc, Net 1 Ueps Technologies Inc, Net 1 Ueps Technologies Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series Junior Subordinated Debentures as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Junior Subordinated Debentures when the same shall have become due and payable, whether upon maturity of the Securities of a series Junior Subordinated Debentures or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the Securities of that seriesJunior Subordinated Debentures, the whole amount that then shall have been become due and payable on all such Securities Junior Subordinated Debentures for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Junior Subordinated Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesJunior Subordinated Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.069.6.

Appears in 5 contracts

Samples: Community First Bankshares Inc, United Community Bancshares Inc, CFB Capital Iv

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 5 contracts

Samples: STERIS PLC, STERIS LTD, STERIS LTD

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum or Yield to Maturity (in the case of Original Issue Discount Securities) expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 4 contracts

Samples: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co), American Equity Investment Life Holding Co

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a such series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will shall pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 4 contracts

Samples: Steelcase Inc, Steelcase Inc, Steelcase Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Each Issuer covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company such Issuer will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 3 contracts

Samples: Indenture (CyrusOne Foreign Holdings LLC), Indenture (CyrusOne Finance Corp.), Indenture (CyrusOne LP)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 3 contracts

Samples: Indenture (Jackson Financial Inc.), Indenture (AXA Equitable Holdings, Inc.), Indenture (AXA Equitable Holdings, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it default shall default be made in the payment of any installment of interest on any Security of the Securities of a any series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it default shall default be made in the payment of the principal of (or and premium, if any, on) any Security of the Securities of a any series when the same on its Maturity and such default shall have become due and payablecontinued for a period of five business days, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the such Securities of that such series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in borne by the Securities during the period of that series; such default; and, in addition thereto, such further amount as shall be sufficient to cover reasonable compensation to the costs Trustee, its agents, attorneys and expenses of collectioncounsel, and the amount payable to all other expenses and liabilities incurred, and all advances made, by the Trustee under Section 7.06except as a result of its negligence or bad faith. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Appears in 3 contracts

Samples: Indenture (Carnival PLC), Carnival PLC, Indenture (Carnival PLC)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payableDebentures, and such default shall have continued for a period of 90 days, 30 days (other than by reason of a valid extension of an interest payment period by the Company in accordance with the terms of this Indenture); or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Debentures when the same shall have become due and payable, whether upon maturity of the Securities of a series Debentures or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will shall pay to the Trustee, for the benefit of the holders of the Securities of that seriesDebentures, the whole amount that then shall have been become due and payable on all such Securities Debentures for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid to the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesDebentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.069.7.

Appears in 3 contracts

Samples: Great Southern (Great Southern Capital Trust IV), First Financial (First Financial Capital Trust II), Indenture (Horizon Financial Capital Trust II)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants Issuers covenant that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it they shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company Issuers will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) and (, and, to the extent that payment of such interest is enforceable under applicable law) , upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.0610.06.

Appears in 3 contracts

Samples: Prime Security Services (ADT Inc.), Prime Security Services (ADT Inc.), Indenture (ADT Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise (and subject to Section 6.01(a)(2)), then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 3 contracts

Samples: Senior Indenture (Brighthouse Financial, Inc.), Subordinated Indenture (Brighthouse Financial, Inc.), Senior Indenture (Brighthouse Financial, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Debt Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Debt Securities of a series when the same shall have become due and payable, whether upon maturity of the Debt Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Debt Securities of that series, the whole amount that then shall have been become due and payable on all such Debt Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Debt Securities are held by a Trust, without duplication of any other amounts paid by such Trust in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debt Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, collection and the amount payable to the Trustee under Section 7.06.

Appears in 3 contracts

Samples: Indenture (Telephone & Data Systems Inc), Kansas City Power (Kansas City Power & Light Co), Telephone and Data (Telephone & Data Systems Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if (i) in case it shall default is made in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and Bond when the same shall have become becomes due and payable, and such default shall have continued continues for a period of 90 five days, or (ii) in case it shall default is made in the payment of the then unpaid principal of any Bond on the Final Maturity Date for such Bond or (or premium, if any, oniii) any default is made in the payment of the Securities of a series when Optional Redemption Price or Mandatory Redemption Price, as applicable, for any Bond on the same shall have become due and payableOptional Redemption Date or Mandatory Redemption Date, whether upon maturity of as applicable, therefor, the Securities of a series or upon redemption or upon declaration or otherwise thenIssuer will, upon demand of the Trustee, the Company will pay to the Trusteeit, for the benefit of the holders Holders of the Securities of that seriesBonds, the whole amount that then shall have been become due and payable on all such Securities Bonds for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premiumand, if any) and (to the extent that payment at such rate of such interest is enforceable under applicable law) shall be legally enforceable, upon overdue installments of interest interest, at the respective rate per annum expressed in borne by the Securities Bonds of that series; and, the applicable Class and in addition thereto, thereto such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and the amount payable to advances of the Trustee and its agents and counsel and an amount sufficient to cover all amounts required to be paid by the Issuer under Section 7.06the Fee and Indemnity Agreement.

Appears in 3 contracts

Samples: PSNH Funding LLC, PSNH Funding LLC 2, PSNH Funding LLC

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (of, or premium, if any, on) any of on the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a such series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that such series, the whole amount that then shall have been become due and payable on all the Securities of such Securities series for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that such series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 3 contracts

Samples: Mallinckrodt PLC, Mallinckrodt PLC, Covidien PLC

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or bothall of the foregoing, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 3 contracts

Samples: Rsa Security Inc/De/, Staples Inc, Staples Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities Debentures of a any series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, ; or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities Debentures of a any series when the same shall have become due and payable, whether upon maturity of the Securities Debentures of a such series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will shall pay to the Trustee, for the benefit of the holders of the Securities Debentures of that such series, the whole amount that then shall have been become due and payable on all such Securities Debentures of such series for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Debentures of such series are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities Debentures of that such series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.066.7.

Appears in 3 contracts

Samples: First Merchants Capital Trust I, First Merchants Corp, First Merchants Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 3 contracts

Samples: Indenture (Inspiration Media Inc), Indenture (Air Hot, Inc.), Indenture (South Texas Broadcasting Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 3 contracts

Samples: Indenture (Coinbase Global, Inc.), Indenture (Brocade Communications Systems Inc), Brocade Communications Systems Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest interest, if any, on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series series, as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series as and when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon by declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, if any, or both, as the case may be, with interest to, but excluding, the date of such payment upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest interest, if any, at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 2 contracts

Samples: Indenture (ICO Global Communications (Holdings) LTD), ICO Global Communications (Holdings) LTD

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or bothall of the foregoing, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Infineon Technologies Ag, Infineon Technologies Ag

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Indenture (Rayovac Corp), Rayovac Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants and the Guarantor covenant that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company or the Guarantor will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by a MediaOne Trust or a trustee of such trust, without duplication of any other amounts paid by the Guarantor or such MediaOne Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Indenture (Mediaone Finance Trust Ii), Indenture (Mediaone Finance Trust Vi)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants and the Guarantor jointly and severally covenant that (i) in case it shall a default in the payment of any installment of interest on any of the Securities of a series, or a default in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, occurs and such default shall have continued for a period of 90 30 days, or (ii) in case it shall a default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, occurs, then, upon demand of the Trustee, the Company or the Guarantor will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Thermo Fisher Scientific Inc., Thermo Fisher Scientific (Finance I) B.V.

Collection of Indebtedness and Suits for Enforcement by Trustee. (a1) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: And (SiriusPoint LTD), SiriusPoint LTD

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The i)The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Fastly, Inc., Fastly, Inc.

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in including any payment required by any sinking or analogous fund established with respect to that series Additional Interest, as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days30 days (and, in the case of payment of any interest deferred pursuant to Section 2.12 and as may be specified as contemplated by Section 2.01, such default continues for a period of 30 days after the conclusion of any Extension Period), or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interestinterest (including any Additional Interest), or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest (including any Additional Interest) at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Brighthouse Financial, Inc., Brighthouse Financial, Inc.

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if (i) in case it shall default Default is made in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and Securitization Bond when the same shall have become such interest becomes due and payable, payable and such default shall have continued Default continues for a period of 90 daysfive Business Days, or (ii) in case it shall default Default is made in the payment of the then unpaid principal of any Securitization Bond on the Final Maturity Date therefor or (or premium, if any, oniii) any Default is made in the payment of the Securities of a series when Redemption Price or for any Securitization Bond on the same shall have become due and payableRedemption Date therefor, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise thenIssuer shall, upon demand of the Trustee, the Company will pay to the Trusteeit, for the benefit of the holders Holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment Securitization Bonds of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition theretoSeries, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee and its agents and counsel and the whole amount then due and payable on such Securiti zation Bonds for principal and interest, with interest upon the overdue principal and, to the Trustee under Section 7.06extent payment at such rate of interest shall be legally enforceable, upon overdue instalments of interest, at the respective Interest Rate of such Series or the applicable Class of such Series.

Appears in 2 contracts

Samples: Consumers Energy Co Financing V, Consumers Funding LLC

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Indenture (Interpace Diagnostics Group, Inc.), Indenture (Interpace Diagnostics Group, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by a PECO Trust, without duplication of any other amounts paid by such trust in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, collection and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Indenture (Exelon Corp), Indenture (Peco Energy Co)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Anadigics Inc, Anadigics Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Vaxgen Inc, Vaxgen Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Partnership covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company Partnership will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Suburban Propane Partners Lp, Suburban Propane Partners Lp

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series Subordinated Debentures as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Subordinated Debentures when the same shall have become due and payable, whether upon maturity of the Securities of a series Subordinated Debentures or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the Securities of that seriesSubordinated Debentures, the whole amount that then shall have been become due and payable on all such Securities Subordinated Debentures for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Subordinated Debentures are held by the Trust or a trustee of the Trust, without duplication of any other amounts paid by the Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesSubordinated Debentures; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount all amounts payable to the Trustee under Section 7.069.07.

Appears in 2 contracts

Samples: Bank of the Ozarks Inc, Ozark Capital Trust

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Indenture (Aviat Networks, Inc.), Indenture (Aviat Networks, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days30 Business Days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Indenture (Unitrin Inc), Indenture (Unitrin Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a seriesSeries, or in any payment required by any sinking or analogous fund established with respect to that series Series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Series when the same shall have become due and payable, whether upon maturity of the Securities of a series Series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that seriesSeries, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesSeries; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: LHC Group, Inc, Pingtan Marine Enterprise Ltd.

Collection of Indebtedness and Suits for Enforcement by Trustee. (ac) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 2 contracts

Samples: Indenture (Chimerix Inc), Indenture (Revance Therapeutics, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 1 contract

Samples: Indenture (Alexza Pharmaceuticals Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Family Dollar (Family Dollar Stores Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Debt Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Debt Securities of a series when the same shall have become due and payable, whether upon maturity of the Debt Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Debt Securities of that series, the whole amount that then shall have been become due and payable on all such Debt Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Debt Securities are held by a Capital Trust, without duplication of any other amounts paid by such trust in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, collection and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Stanley Works)

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Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.. S23

Appears in 1 contract

Samples: Indenture (ARCA Biopharma, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest (including Additional Interest, if any) on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payableNotes, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Notes when the same shall have become due and payable, whether upon maturity of the Securities of a series Notes or upon redemption or upon declaration or otherwise otherwise, (iii) in case it shall fail to repurchase any Notes when required or (iv) in case it shall fail to deliver cash, shares of Common Stock or a combination of cash and shares of Common Stock, as applicable, when required, upon conversion of the Notes, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that seriesNotes, the whole amount that then shall have been become due and payable on all such Securities Notes for principal or interest (and premiumincluding Additional Interest, if any) or interest), or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest (including Additional Interest, if any) at the rate per annum expressed in the Securities of that seriesNotes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.06 of the Base Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Us Airways Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a1) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Regeneron Pharmaceuticals, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the DB1/ 117518244.2 Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Aptevo Therapeutics Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.13.

Appears in 1 contract

Samples: Indenture (Geo Group Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 consecutive days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Seacor Smit Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants covenant that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration declara- tion or otherwise otherwise, then, upon demand of the Trustee, Trustee or the Company Guarantor will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable enforce- able under applicable lawlaw and, if the Securities are held by a NorAm Trust or a trustee of such trust, without duplication of any other amounts paid by such NorAm Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition addi- tion thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 1 contract

Samples: Noram Energy Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. (a1) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.066.06.

Appears in 1 contract

Samples: Marsh & McLennan Companies Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.that

Appears in 1 contract

Samples: Arch Wireless Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) and (, and, to the extent that payment of such interest is enforceable under applicable law) , upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.068.06.

Appears in 1 contract

Samples: Indenture (ADT, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it Default shall default be made in the payment of any installment of interest on any of the Securities Debentures of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default Default shall have continued for a period of 90 30 days, or (ii2) in case it Default shall default be made in the payment of the principal of (or premium, if any, on) any of the Securities Debentures of a series when the same shall have become due and payable, whether upon maturity of the Securities Debentures of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities Debentures of that series, the whole amount that then shall have been become due and payable on all such Securities Debentures for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and without duplication of any other amounts paid by the Company or the applicable Hawaiian Electric Industries Capital Trust or the Partnership in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities Debentures of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Hawaiian Electric Industries Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants Issuer and the Guarantor covenant that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company Issuer or the Guarantor will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Consumers Energy Co

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payableSecurities, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity at the Scheduled Maturity Date of the Securities of a series or Securities, upon redemption or redemption, upon declaration of acceleration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the Securities of that seriesSecurities, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by NCBE Trust or a trustee of such trust, without duplication of any other amounts paid by NCBE Trust or a trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesSecurities; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.069.7.

Appears in 1 contract

Samples: Ncbe Capital Trust I

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payableNotes, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Notes when the same shall have become due and payable, whether upon maturity of the Securities of a series Notes or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to the Notes as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company such Issuer will pay to the Trustee, for the benefit of the holders of the Securities of that seriesNoteholders, the whole amount that then shall have been become due and payable on all such Securities Notes for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.068.6 (Compensation and Reimbursement).

Appears in 1 contract

Samples: Indenture (CyrusOne Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Debt Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Debt Securities of a series when the same shall have become due and payable, whether upon maturity of the Debt Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Debt Securities of that series, the whole amount that then shall have been become due and payable on all such Debt Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Debt Securities are held by an Illinois Power Trust, without duplication of any other amounts paid by such trust in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debt Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, collection and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Illinois Power Co

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Debt Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Debt Securities of a series when the same shall have become due and payable, whether upon maturity of the Debt Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Debt Securities of that series, the whole amount that then shall have been become due and payable on all such Debt Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Debt Securities are held by a WPSR Trust, without duplication of any other amounts paid by such WPSR Trust in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Debt Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, collection and the amount payable to the Trustee under Section 7.067.6.

Appears in 1 contract

Samples: WPSR Capital Trust I

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Nevada Gold & Casinos Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the 38 Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: GBL Trust I

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the S23 Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (ARCA Biopharma, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Lesaka Technologies Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by a Exelon Trust, without duplication of any other amounts paid by such trust in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, collection and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Exelon Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest or Additional Interest, if any, on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will shall pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interestinterest or Additional Interest, if any, or bothall of the foregoing, as the case may be, with interest and Additional Interest, if any, upon the overdue principal (and premium, if any) and (to the extent that payment of such interest and Additional Interest, if any, is enforceable under applicable law) upon overdue installments of interest and Additional Interest, if any, at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Freeport McMoran Copper & Gold Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a1) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Regeneron Pharmaceuticals Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, days or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Biocept Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.. 21

Appears in 1 contract

Samples: Indenture (Verb Technology Company, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Each Issuer covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company such Issuer will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.067.6.

Appears in 1 contract

Samples: Indenture (CyrusOne Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days30 Business Days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and ________________________________________________________________________________________________________________________ premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (KEMPER Corp)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon 153199794 v1 demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Aptevo Therapeutics Inc.

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount any and all amounts payable to the Trustee under Section 7.067.6.

Appears in 1 contract

Samples: Indenture (Depomed Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it if the Company shall default in the payment fail for a period of 30 days to pay any installment of interest on any of the Securities of a series, any series or in any payment required by any sinking or analogous fund established with respect shall fail to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of pay the principal of (or and premium, if any, on) any of the Securities of a any series when and as the same shall have become due and payable, whether upon maturity of at Stated Maturity, or by call for redemption, pursuant to any sinking fund, by declaration as authorized by this Indenture, or otherwise, the Securities of a series or upon redemption or upon declaration or otherwise thenCompany will, upon demand of the Trustee, the Company will pay to the Trusteeit, for the benefit of the holders Holders of the such Securities of that seriesand Coupons, if any, the whole amount that then shall have been become due and payable on all such Securities and Coupons, if any, for principal (and premium, if any) or interestand interest and, or bothto the extent that payment of such interest shall be legally enforceable, as the case may be, with interest upon the on any overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon on any overdue installments of interest interest, at the rate per annum expressed or rates prescribed therefor in such Securities (or, in the Securities case of that series; Original Issue Discount Securities, the Securities' Yield to Maturity) and Coupons, if any, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the amount payable to the Trustee under Section 7.06Trustee, its agents and counsel.

Appears in 1 contract

Samples: Aristar Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Freeport-McMoran Inc)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, Trustee the Company Guarantor will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.enforceable

Appears in 1 contract

Samples: Indenture (Noram Financing Ii)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, 126534485 v2 the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Flex Pharma, Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest (including Additional Interest, if any) on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payableNotes, and such default shall have continued for a period of 90 daysBusiness Days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series Notes when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption Notes or upon declaration or otherwise otherwise, (iii) in case it shall fail to redeem any Notes pursuant to a Notice of Redemption, (iv) in case it shall fail to repurchase any Notes when required or (v) in case it shall fail to deliver shares of Common Stock upon conversion of the Notes, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders Holders of the Securities of that seriesNotes, the whole amount that then shall have been become due and payable on all such Securities Notes for principal or interest (and premiumincluding Additional Interest, if any) or interest), or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest (including Additional Interest, if any) at the rate per annum expressed in the Securities of that seriesNotes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Ual Corp /De/)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payableSecurities, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, Trustee the Company Guarantor (as defined in the Preferred Securities Guarantee) will pay to the Trustee, for the benefit of the holders of the Securities of that seriesSecurities, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by CTBI Trust or a trustee of such trust, without duplication of any other amounts paid by CTBI Trust or trustee in respect thereof) upon overdue installments of interest at the rate per annum expressed in the Securities of that seriesSecurities; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.069.6.

Appears in 1 contract

Samples: Pikeville National Corp

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 30 days, or (ii) in case it they shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company Issuer will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and principal, premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (and principal, premium, if any) and (, and, to the extent that payment of such interest is enforceable under applicable law) , upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.0610.06.

Appears in 1 contract

Samples: Intercreditor Agreement (ADT Inc.)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i1) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 daysBusiness Days, or (ii2) in case it shall default in the payment of the principal of (of, or premium, if any, on) on any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (principal, and premium, if any) , or interest, or both, as the case may be, with interest upon the overdue principal (principal, and premium, if any) , and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Unitrin Inc

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 business days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.

Appears in 1 contract

Samples: Indenture (Atlantic Tele Network Inc /De)

Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that (i) in case it shall default in the payment of any installment of interest on any of the Securities of a series, or in any payment required by any sinking or analogous fund established with respect to that series as and when the same shall have become due and payable, and such default shall have continued for a period of 90 days, or (ii) in case it shall default in the payment of the principal of (or premium, if any, on) any of the Securities of a series when the same shall have become due and payable, whether upon maturity of the Securities of a series or upon redemption or upon declaration or otherwise then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the holders of the Securities of that series, the whole amount that then shall have been become due and payable on all such Securities for principal (and premium, if any) or interest, or both, as the case may be, with interest upon the overdue principal (and premium, if any) and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate per annum expressed in the Securities of that series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, and the amount payable to the Trustee under Section 7.06.. 210784776 v4

Appears in 1 contract

Samples: Liminal BioSciences Inc.

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