Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if: (i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or (ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6. (b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated. (c) If an Event of Default with respect to Securities 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 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 158 contracts
Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, or
(c) default is made in the deposit of any sinking fund payment when and as due by the terms of a Security, then, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any premium and interest (including overdue principal or any Additional Interest) overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the such Securities, wherever situated.
(c) . If an Event of Default with respect to any 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 49 contracts
Samples: Indenture (China Natural Resources Inc), Indenture (Spectrum Pharmaceuticals Inc), Indenture (GTT Communications, Inc.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 28 contracts
Samples: Indenture (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Chase Capital Iii)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 22 contracts
Samples: Junior Subordinated Indenture (Jeffbanks Inc), Junior Subordinated Indenture (First Empire Capital Trust I), Junior Subordinated Indenture (Southern Bancshares Nc Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to any Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of such Securities 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 13 contracts
Samples: Junior Subordinated Indenture (JER Investors Trust Inc), Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated Indenture (Anthracite Capital Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Note when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of any Note when due and any premium on any Security payable at the Stated Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesNotes, the whole amount then due and payable on such Securities Notes for principal and interest, and, to the extent that payment of such interest shall be legally enforceable, interest on any premium overdue principal and interest (including on any Additional Interest) overdue interest, at the rate borne by the Notes, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to Securities 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 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 12 contracts
Samples: Fifth Supplemental Indenture (Redwood Trust Inc), Fourth Supplemental Indenture (Redwood Trust Inc), Indenture (Redwood Trust Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or,
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, or
(c) default is made in the deposit of any sinking fund payment when and as due by the terms of a Security, then, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any premium overdue principal and any overdue interest (including any Additional Interest) at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the such Securities, wherever situated.
(c) . If an Event of Default with respect to any 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 10 contracts
Samples: Subordinated Indenture (Mercantile Bank Corp), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to the Securities 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 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 9 contracts
Samples: Junior Subordinated Indenture (Wilshire Bancorp Inc), Junior Subordinated Indenture (First Acceptance Corp /De/), Junior Subordinated Indenture (Plains Capital Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest, with interest upon the overdue principal (including any Additional Interestand premium, if any) and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate borne by the Securities; and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, unpaid and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 for 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 7 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, days or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and of, any premium and interest (including any Additional Interest) on and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and may collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, Securities wherever situated.
(c) If an Event of Default with respect to Securities occurs and is continuing, the Trustee may may, in its discretion discretion, proceed to protect and enforce its rights and the rights of the Holders of Securities 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 Indenture, in aid of the exercise of any power granted herein, herein or to enforce any other proper remedy.
Appears in 6 contracts
Samples: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Anthracite Capital Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Senior Note when such interest becomes due and payable and such default continues for a period of thirty (30) days, ; or
(ii) default is made in the payment of the principal of and any premium on any Security Senior Note at the Maturity thereof, ; the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such SecuritiesSenior Notes, the whole amount then due and payable on such Securities Senior Notes for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities Senior Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the SecuritiesSenior Notes, wherever situated.
(c) If an Event of Default with respect to Securities Senior Notes 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 Senior Notes 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 6 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that that, if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security the Notes when such interest or payment becomes due and payable and such default continues for a period of thirty (30) 30 calendar days, or
(iib) default is made in the payment of the principal of and any premium on any Security (or premium, if any, on) the Notes at the Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securitiesthe Notes, the whole amount then due and payable on such Securities the Notes for the principal (and any premium premium, if any) and interest (including any Additional Interest) interest, if any, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts amount forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, Notes wherever situated.
(c) . If an Event of Default with respect to Securities the Notes occurs and is continuing, then the Trustee may may, in its discretion discretion, proceed to protect and enforce its rights and the rights of the Holders of Securities Notes 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 6 contracts
Samples: Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co), Indenture Agreement (Scotts Miracle-Gro Co)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 5 contracts
Samples: Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Fb Capital Trust), Junior Subordinated Indenture (Pfbi Capital Trust)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Security, if any, when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders Holder of such SecuritiesSecurity, the whole amount then due and payable on such Securities Security for principal principal, premium, if any, interest, if any, and any premium and interest (including any Additional Interest) , if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal, premium, if any, and on any overdue interest, if any, and Additional Interest, if any, at the rate or rates prescribed therefore in such Security and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to the Securities 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 by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary 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 secure any other proper remedy.
Appears in 5 contracts
Samples: Indenture (Navistar International Corp), Indenture (Navistar International Corp), Indenture (Navistar International Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Corporation covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof, the Company Corporation will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and premium, if any), including any premium sinking fund payment or analogous obligations, and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing to the Trustee under Section 6.6.
(b) 6.7. If the Company Corporation fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company Corporation or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Corporation or any other obligor upon the Securities, wherever situated.
(c) . 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 5 contracts
Samples: Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (Colonial Bancgroup Inc), Junior Subordinated Indenture (Southern States Capital Trust I)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section SECTION 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 4 contracts
Samples: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Uici), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
If an Event of Default specified in Section 5.1.1 or Section 5.1.2 occurs, the Trustee, in its own name as trustee of an express trust, (i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for may institute a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, judicial proceeding for the benefit collection of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest, interest on any premium and overdue principal and, to the extent that payment of such interest (including shall be legally enforceable, upon any overdue installment of interest, at the rate borne by the Securities, any Additional Interest) Amounts due with respect to the Securities and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trustcounsel, may institute a judicial proceeding for the collection of the sums so due and unpaid, and (ii) may prosecute such proceeding to judgment or final decree, decree and (iii) may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default occurs and is continuing with respect to Securities occurs and is continuingof any series, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities that series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rightsavailable proceeding at law or in equity, 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 4 contracts
Samples: Indenture (Embraer S.A.), Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer S.A.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 4 contracts
Samples: Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that that, if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Note when such interest or payment becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and (or premium, if any, on) any premium on any Security Note at the Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders holders of such SecuritiesNotes, the whole amount then due and payable on such Securities Notes for the principal (and any premium premium, if any) and interest (including any Additional Interest) interest, if any, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts amount forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, such Notes wherever situated.
(c) . If an Event of Default with respect to Securities Notes occurs and is continuing, then the Trustee may may, in its discretion discretion, proceed to protect and enforce its rights and the rights of the Holders holders of Securities Notes 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 4 contracts
Samples: Indenture (MGM Mirage), Indenture (MGM Grand Inc), Indenture (MGM Mirage)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
If an Event of Default specified in Section 5.1.1 or Section 5.1.2 occurs, the Trustee, in its own name as trustee of an express trust, (i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for may institute a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, judicial proceeding for the benefit collection of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest, interest on any premium and overdue principal and, to the extent that payment of such interest (including shall be legally enforceable, upon any overdue installment of interest, at the rate borne by the Securities, any Additional Interest) Amounts due with respect to the Securities and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trustcounsel, may institute a judicial proceeding for the collection of the sums so due and unpaid, and (ii) may prosecute such proceeding to judgment or final decree, decree and (iii) may enforce the same against the Company Company, the Guarantor or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default occurs and is continuing with respect to Securities occurs and is continuingof any series, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities that series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rightsavailable proceeding at law or in equity, 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 4 contracts
Samples: Indenture (Embraer S.A.), Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable payable, and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and principal, including any premium sinking fund payment or analogous obligations and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing to the Trustee under Section 6.6.
(b) 6.07 and Section 10.06. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 4 contracts
Samples: Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I), Junior Subordinated Indenture (Resource Capital Trust I)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants Corporation and the Guarantor covenant that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any of, or premium or Additional Amounts, if any, on any Security at the Maturity thereofthereof and such default continues for a period of three Business Days, the Company then they will, upon demand of the U.S. Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium, Additional Amounts and interest and, to the fullest extent that payment of such interest is legally enforceable, interest on any overdue principal, premium and interest (including Additional Amounts and on any Additional Interest) overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, the Trusteeexpenses, in its own name disbursements and as trustee advances of an express trust, may institute a judicial proceeding for the collection each of the sums so due Trustees and unpaid, their agents and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsels. If an Event of Default with respect to Securities of any series or of all series, as the case may be, occurs and is continuing, the either Trustee may in its discretion proceed to protect and enforce its the rights of the Trustees and the rights of the Holders of Securities of such series or of all series, as the case may be, by such appropriate judicial proceedings as the such 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 (Hydro One Holdings LTD), Indenture (Hydro One LTD), Indenture (Hydro One LTD)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, ; or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, ; the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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: Junior Subordinated Indenture (Comstock Homebuilding Companies, Inc.), Junior Subordinated Indenture (New Century Financial Corp), Junior Subordinated Indenture (Great Wolf Resorts, Inc.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the SecuritiesSenior Notes, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 (Novastar Financial Inc), Indenture (Novastar Financial Inc), Indenture (Novastar Financial Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.66.7.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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: Junior Subordinated Indenture (Allegiant Capital Trust Ii), Junior Subordinated Indenture (Allegiant Capital Trust I), Junior Subordinated Indenture (Allegiant Bancorp Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Increased Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Increased Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 remedyremedy or legal or equitable right vested in the Trustee by this Indenture or by law.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Temecula Valley Bancorp Inc), Junior Subordinated Indenture (Temecula Valley Bancorp Inc), Junior Subordinated Indenture (First Chester County Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security the Debentures when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of (and any premium on any Security premium, if any, on) the Debentures whether at the Stated Maturity thereofthereof upon redemption by declaration or otherwise, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securitiesthe Debentures, the whole amount then due and payable on such Securities the Debentures for principal (and any premium premium, if any) and interest (including any Additional Interest), including, to the extent that payment of such interest shall be lawful, interest on any overdue principal (and premium, if any) and on any overdue installments of interest (including any Additional Interest) at the rate borne by the Debentures, and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment judgement or final decree, and may enforce the same against the Company or any other obligor upon such Securities the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the SecuritiesDebentures, wherever situated.
(c) . If an Event of Default with respect to Securities 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 the Debentures 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 (Host Marriott Corp/Md), Junior Convertible Subordinated Indenture (Newfield Financial Trust Ii), Indenture (Big Flower Holdings Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of thirty (30) days, payable; or
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof; or
(3) default is made in the payment of any sinking or purchase fund or analogous obligation when the same becomes due by the terms of the Securities of any series; and any such default continues for any period of grace provided with respect to the Securities of such series, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holder of any such Security (or the Holders of any such Securities, series in the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) case of If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon the Securities of such Securities series and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the such Securities, wherever situated.
(c) . If an Event of Default with respect to any series of Securities 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 (Apollo Global Management LLC), Indenture (Apollo Global Management LLC), Indenture (Apollo Global Management LLC)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, 30 days or
(ii) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.66.7.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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: Junior Subordinated Indenture (Gbci Capital Trust Ii), Junior Subordinated Indenture (American Bancshares Inc \Fl\), Junior Subordinated Indenture (Sman Capital Trust 1)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
if (i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security or Coupon, if any, when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
or (ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesSecurities or Coupons, if any, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (including and premium, if any) and on any Additional Interest) overdue interest, at the rate or rates prescribed therefor in such Securities or Coupons, if any, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. 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 2 contracts
Samples: Senior Debt Indenture (Hasbro Inc), Subordinated Debt Indenture (Hasbro Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 2 contracts
Samples: Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Associated Banc-Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable payable, and such default continues for a period of thirty (30) 30 days, or
(ii) default is made in the payment of the principal of Principal Amount plus accrued and any premium on any Security unpaid interest and Additional Amounts, if any, at the Maturity thereofthereof or in the payment of the Redemption Price, the Purchase Price or the Fundamental Change Repurchase Price in respect of any Security, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to the Securities occurs and is continuing, the Trustee may in its discretion shall, subject to applicable law, proceed to protect and enforce its rights and the rights of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rightsappropriate, 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 2 contracts
Samples: Indenture (Advanced Micro Devices Inc), Indenture (Agilent Technologies Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of a Debenture 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 2 contracts
Samples: Indenture (Citizens Funding Trust IV), Indenture (Citizens Banking Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 2 contracts
Samples: Junior Subordinated Indenture (Seacoast Financial Services Corp), Junior Subordinated Indenture (Seacoast Financial Services Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 2 contracts
Samples: Junior Subordinated Indenture (Compass Bancshares Inc), Junior Subordinated Indenture (Compass Trust Iii)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security or coupon, if any, when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesSecurities or coupons, if any, the whole amount then due and payable on such Securities for principal principal, premium, if any, and interest, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any premium overdue principal, premium, if any, and interest (including on any Additional Interest) overdue interest, if any, at the rate or rates prescribed therefor in such Securities or coupons, if any, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. 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 secure any other proper remedyremedy including, without limitation seeking recourse against any Guarantor.
Appears in 2 contracts
Samples: Indenture (Federal Mogul Corp), Indenture (Federal Mogul U K Holdings Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Debenture when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium premium, if any, on any Security Debenture at the Maturity thereof, the Company willshall, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such SecuritiesDebentures, the whole amount then due and payable on such Securities Debentures for principal and any premium principal, premium, if any, and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums amounts so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities the Debentures and collect the moneys money adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the SecuritiesDebentures, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 2 contracts
Samples: Indenture (Caremark Rx Inc), Indenture (Gentiva Health Services Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty three (303) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 2 contracts
Samples: Junior Subordinated Indenture (Resource Capital Corp.), Junior Subordinated Indenture (Resource Capital Corp.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Publishing covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any Series when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Stated Maturity (upon acceleration, optional or mandatory redemption, required repurchase or otherwise) thereof, the Company Publishing will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, Securities the whole amount then due and payable on such Securities for principal and any premium premium, if any, and interest, with interest (including any Additional Interest) upon the overdue principal and premium, if any, and, in addition theretoto the extent that payment of such interest shall be legally enforceable, all amounts owing upon overdue installments of interest, at the Trustee under Section 6.6.
(b) rate or rates as may be presented therefor by the terms of any such Security. If the Company Publishing fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, unpaid and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company Publishing or any other obligor upon the Securities of such Securities Series and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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.manner
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Hollinger International Publishing Inc), Senior Indenture (Hollinger International Publishing Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes amounts become due and payable payable, and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security Principal Amount plus accrued but unpaid interest, including Additional Amounts, if any, at the Stated Maturity thereofthereof or in the payment of the Redemption Price or Fundamental Change Purchase Price in respect of any Security, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding proceedings to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities the Debentures and collect the moneys monies adjudged or of decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the SecuritiesDebentures, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 2 contracts
Samples: Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp Ltd.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable payable, and such default continues for a period of thirty (30) 30 days, or
(ii) default is made in the payment of the principal of Principal Amount plus accrued and any premium on any Security unpaid interest and Additional Amounts, if any, at the Maturity thereofthereof or in the payment of the Redemption Price or the Fundamental Change Repurchase Price in respect of any Security, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to the Securities occurs and is continuing, the Trustee may in its discretion shall, subject to applicable law, proceed to protect and enforce its rights and the rights of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rightsappropriate, 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; provided that it has been afforded satisfactory indemnity therefor by the Holders in advance of any such action.
Appears in 2 contracts
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 2 contracts
Samples: Junior Subordinated Indenture (Bnccorp Inc), Junior Subordinated Indenture (Vib Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing to the Trustee under Section 6.6.
(b) 6.07 and Section 10.06. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 2 contracts
Samples: Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Usb Holding Co Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 60 days, or
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, or
(c) default is made in the deposit of any sinking fund payment when and as due by the terms of a Security, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any premium and interest (including overdue principal or any Additional Interest) overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the such Securities, wherever situated.
(c) . If an Event of Default with respect to any 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 2 contracts
Samples: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 2 contracts
Samples: Junior Subordinated Indenture (Beazer Homes Usa Inc), Junior Subordinated Indenture (United Community Bancorp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of thirty (30) days, 30 days or
(ii) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.66.7.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) 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 2 contracts
Samples: Junior Subordinated Indenture (PNC Capital Trust F), Junior Subordinated Indenture (M&t Bank Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:.
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 2 contracts
Samples: Junior Subordinated Indenture (BNB Capital Trust), Junior Subordinated Indenture (Broad National Bancorporation)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (principal, including any Additional Interestsinking fund payment or analogous obligations (and premium, if any) and interest, and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 1 contract
Samples: Junior Subordinated Indenture (American General Corp /Tx/)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
30 days or (ii) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.66.7.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and on any overdue interest, at a rate of 4% per annum, and in addition thereto, all such further amount as shall be sufficient to cover the costs and expenses of collection, including amounts owing due the Trustee and any predecessor Trustee under Section 6.6.
(b) 6.07. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 1 contract
Samples: Convertible Subordinated Notes Agreement (America Online Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities occurs and is continuing-continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities 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 1 contract
Samples: Junior Subordinated Indenture (Novastar Financial Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.66.7.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Sun Capital Trust Ii)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) : default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable payable, and such default continues for a period of thirty (30) 30 days, or
(ii) or default is made in the payment of the principal of Principal Amount plus accrued and any premium on any Security unpaid interest and Additional Amounts, if any, at the Maturity thereofthereof or in the payment of the Redemption Price or the Fundamental Change Repurchase Price in respect of any Security, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to the Securities occurs and is continuing, the Trustee may in its discretion shall, subject to applicable law, proceed to protect and enforce its rights and the rights of the Holders of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rightsappropriate, 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to the Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Independent Bank Corp /Mi/)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) : default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) or default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Bank of Kentucky Financial Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) in case default is shall be made in the payment of any installment of interest (including any Additional InterestContingent Interest and Liquidated Damages, if any) on any Security Security, as and when such interest becomes the same shall become due and payable payable, and such default continues shall have continued for a period of thirty (30) 30 days, or
or (ii) in case default is shall be made in the payment of the principal Accreted Principal Amount of and any premium on any Security at when the Maturity thereof, same becomes due in accordance with the Company willterms thereof and such default shall have continued for a period of five Business Days then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount that then shall have become due and payable on all such Securities for principal and any premium and or interest (including any Additional InterestContingent Interest and Liquidated Damages, if any), or both, as the case may be, with interest upon the overdue principal and (to the extent that payment of such interest is enforceable under applicable law) upon overdue installments of interest at the rate borne by the Securities during the period of such default; and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails such further amount as shall be sufficient to pay such amounts forthwith upon such demand, cover reasonable compensation to the Trustee, in its agents, attorneys and counsel, and all other expenses and liabilities incurred, and all advances made, by the Trustee except as a result of its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment negligence or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) willful misconduct. If an Event of Default with respect to Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual necessary 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 1 contract
Samples: Indenture (Wells Fargo & Co/Mn)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, 30 days or
(ii) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal and any premium and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.66.7.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Mason Dixon Capital Trust Ii)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security or coupon, if any, when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesSecurities or coupons, if any, the whole amount then due and payable on such Securities for principal principal, premium, if any, and interest, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any premium overdue principal, premium, if any, and interest (including on any Additional Interest) overdue interest, if any, at the rate or rates prescribed therefor in such Securities or coupons, if any, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel, provided, however, that payment of all such amounts shall remain subordinated to the extent provided in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) Article 12. 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 secure any other proper remedy.
Appears in 1 contract
Samples: Indenture (Federal Mogul Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Note when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and (or premium, if any, on) any premium on any Security Note at the Maturity thereof or, with respect to any Note required to have been purchased pursuant to an Offer to Purchase made by the Company, at the Purchase Date thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesNotes, the whole amount then due and payable on such Securities Notes for principal (and premium, if any) and interest, and, to the extent that payment of such interest shall be legally enforceable, interest on any premium principal (and premium, if any) and interest (including any Additional Interest) that is overdue, at the rate provided therefor in the Notes, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs 51 64 and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to Securities 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 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 1 contract
Samples: Indenture (Insilco Corp/De/)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or,
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the such Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Indenture (Liquid Media Group Ltd.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional InterestAmounts and Liquidated Damages) on any Security when such interest it becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium or premium, if any, on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional InterestAmounts and Liquidated Damages) andand interest on any overdue principal and premium, if any, and on any overdue interest (including any Additional Amounts and Liquidated Damages), to the extent permitted by law, at a rate of 4.75% per annum, and in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 1 contract
Samples: Indenture (Vantive Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company Issuer covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days30 days without such payment being made by the Guarantor in such period, or
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereofthereof without such payment being made by the Guarantor when it becomes due and payable, the Company Issuer will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and premium, if any) and interest, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and interest (including on any Additional Interest) overdue interest, at the rate provided therefor in the Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that that, if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on any Security at the Stated Maturity thereofand such default continues for a period of 10 days, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, premium, if any, and interest, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any premium overdue principal, premium, if any, and interest (including on any Additional Interest) overdue interest, at the rate or rates prescribed therefor in such Securities, if any, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, such Securities wherever situated.
(c) . If an Event of Default with respect to the Securities occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of the Securities 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 1 contract
Samples: Indenture (Expressjet Holdings Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional InterestPayments) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal or premium, if any, of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium principal, premium, if any, and interest (including any Additional InterestPayments) and, to the extent that payment thereof shall be legally enforceable, interest on any overdue principal or premium, if any, and on any overdue interest (including any Additional Payments), at the rate borne by the Securities, and, in addition thereto, all amounts owing to the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) 6.07. If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, -42- if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 1 contract
Samples: Junior Subordinated Indenture (Greater Bay Bancorp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional InterestPayments, if any) on any Security Convertible Debenture when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security Convertible Debenture at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesConvertible Debentures, the whole amount then due and payable on such Securities Convertible Debentures for principal and any premium and interest (including Additional Payments, if any) and, to the extent that payment thereof shall be legally enforceable, interest on any overdue principal and on any overdue interest (including Additional Interest) Payments, if any), at the rate borne by the Convertible Debentures, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to Securities 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 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 1 contract
Samples: Indenture (Central Parking Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:;
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Bresler & Reiner Inc)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 by such appropriate judicial proceedings as the Trustee shall deem most 37 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 1 contract
Samples: Junior Subordinated Indenture (United Bancorp Inc /Oh/)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security or coupon, if any, when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereofthereof and such default continues for a period of 10 days, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesSecurities or coupons, if any, the whole amount then due and payable on such Securities for principal, premium, if any, and interest, if any, and, to the extent that payment of any such interest shall be legally enforceable, interest on any overdue principal or premium, if any, and on any premium and interest (including any Additional Interest) overdue interest, at the rate or rates prescribed therefor in such Securities or coupons, if any, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. 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 1 contract
Samples: Indenture (Ual Corp /De/)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for 38 the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Validus Holdings LTD)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
upon the occurrence of an Event of Default pursuant to sections 5.1 (ia) default is made in the payment of any installment of interest or 5.1 (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereofb), the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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.. 36
Appears in 1 contract
Samples: Junior Subordinated Indenture (Simmons First National Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a1) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of any series when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Stated Maturity thereof, Then the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such the Securities, the whole amount then due and payable on such the Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ), and, in addition thereto, all amounts owing the Trustee under Section 6.66.7.
(b2) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys monies adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c3) 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 1 contract
Samples: Junior Subordinated Indenture (BSB Capital Trust I)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security the Debentures when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of (and any premium premium, if any, on) the Debentures whether on any Security at the Maturity due date for payment thereof, upon redemption, by declaration or otherwise, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securitiesthe Debentures, the whole amount then due and payable on such Securities the Debentures for principal (and any premium premium, if any) and interest (including any Additional Interest), including, to the extent that payment of such interest shall be lawful, interest on any overdue principal (and premium, if any) and on any overdue installments of interest (including any Additional Interest) at the rate borne by the Debentures, and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities the Debentures and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the SecuritiesDebentures, wherever situated.
(c) . If an Event of Default with respect to Securities 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 the Debentures 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 1 contract
Samples: Indenture (United Rentals Inc /De)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and on any overdue interest, at a rate of 4.75% per annum, and in addition thereto, all such further amount as shall be sufficient to cover the costs and expenses of collection, including amounts owing due the Trustee and any predecessor Trustee under Section 6.6.
(b) 6.07. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made if an Event of Default in the payment of any installment amount specified in clause (1) of interest (including any Additional Interest) on any Security when such interest becomes due Section 6.1 occurs and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereofcontinuing, the Company willshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) reasonable costs and expenses of collection, including compensation to, and reasonable expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any obligation, 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Note when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii2) default is made in the payment of the Repurchase Price in respect of any Note on the Repurchase Date therefor in accordance with the provisions of Article 14, or
(3) default is made in the payment of the principal of and (or premium, if any, on) any premium on any Security Note at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesNotes, the whole amount then due and payable on such Securities Notes for principal (and premium, if any) and interest, and, to the extent that payment of such interest shall be legally enforceable, interest on any premium overdue principal (and interest (including premium, if any) and on any Additional Interest) overdue interest, at the rate borne by the Notes, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. If an Event of Default with respect to Securities 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 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 1 contract
Samples: Indenture (Prime Hospitality Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment instalment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing to the Trustee under Section 6.6.
(b) 6.07 and Section 10.06. 67 58 If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 1 contract
Samples: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.. ------------
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest or Additional Amounts (including any Additional Interestor premium, if any) on any Security when such interest or Additional Amounts, if any, becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including and Additional Amounts and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and premium and on any overdue interest or Additional Interest) Amounts, if any, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) If costs and expenses of collection, including the Company fails to pay such amounts forthwith upon such demandreasonable compensation, expenses, disbursements and advances of the Trustee, in its own name agents and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) counsel. 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 and any related Guarantees 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 1 contract
Samples: Indenture (Abbott Laboratories)
Collection of Indebtedness and Suits for Enforcement by Trustee. The Issuers covenant that if
(a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or,
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, or
(c) default is made in the Company deposit of any sinking fund payment when and as due by the terms of any Security, then, the Issuers will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any premium overdue principal and any overdue interest (including any Additional Interest) at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails Issuers fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company Issuers, any Guarantor or any other obligor upon such Securities and collect the moneys adjudged or decreed deemed to be payable in the manner provided by law out of the property of the Company Issuers, any Guarantor or any other obligor upon the such Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.. -----------
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to the Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. {TC}
(a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment instalment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing to the Trustee under Section 6.6.
(b) 6.07 and Section 10.06. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities Securi ties 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 1 contract
Samples: Junior Subordinated Indenture (North Fork Capital Trust I)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Compounded Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on any Security at the Stated Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional InterestPayments) and, to the extent that payment thereof shall be legally enforceable, interest on any overdue principal and on any overdue interest (including any Additional Sums), at the rate borne by the Securities, and, in addition thereto, all amounts owing to the Trustee under Section 6.6.
(b) 6.07. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:: 45 38
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) 6.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
If an Event of Default described in clause (i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
or (ii) default is made in the payment of the principal of Section 7.01(a) shall have occurred and any premium on any Security at the Maturity thereofbe continuing, the Company willshall, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such SecuritiesHolders, the whole amount then due and payable on such Securities the Notes for principal and premium, if any, and Special Interest, if any, and, to the extent permitted by law, interest on premium, if any, and on any premium overdue principal and interest (including any Additional Special Interest) , at the rate or rates prescribed therefor in the Notes, and, in addition thereto, all such further amount as shall be sufficient to cover any amounts owing due to the Trustee under Section 6.6.
(b) 8.08. If the Company fails shall fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company Company, the Guarantor or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed to be payable in the manner provided by 40 000-0000-0000/7/AMERICAS law out of the property of the Company Company, the Guarantor or any other obligor upon the SecuritiesNotes, wherever situated.
(c) . If an Event of Default with respect to Securities occurs the Notes shall have occurred and is be continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and on any overdue interest, at a rate of 5.25% per annum, and in addition thereto, all such further amount as shall be sufficient to cover the costs and expenses of collection, including amounts owing due the Trustee and any predecessor Trustee under Section 6.6.
(b) 6.07. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 1 contract
Samples: Convertible Subordinated Notes Agreement (Rite Aid Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of (and any premium on premium, if any, on) any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal principal, including any sinking fund payment or analogous obligations (and any premium premium, if any) and interest (including any Additional Interest) ); and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) . If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security of a given series when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any such Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Mercantile Bank Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, or
(c) default is made in the deposit of any sinking fund payment when and as due by the terms of a Security, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any premium and interest (including overdue principal or any Additional Interest) overdue interest, at the rate or rates prescribed therefor in such Securities, and, in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee Trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the such Securities, wherever situated.
(c) . If an Event of Default with respect to any 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that that, if:
(i1) default is made in the payment of any installment of interest (including any Additional InterestAmounts and Liquidated Damages) on any Security when such interest it becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium or premium, if any, on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional InterestAmounts and Liquidated Damages) andand interest on any overdue principal and premium, if any, and on any overdue interest (including any Additional Amounts and Liquidated Damages), to the extent permitted by law, at a rate of 6% per annum, and in addition thereto, all amounts owing such further amount as shall be sufficient to cover the Trustee under Section 6.6.
(b) costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) . If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
upon the occurrence of an Event of Default pursuant to sections 5.1 (ia) default is made in the payment of any installment of interest or 5.1 (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereofb), the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.. 36
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Simmons First National Corp)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i1) default is made in the payment of any installment interest or payment of any additional interest (including any or Additional Interest) Amounts on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(ii2) default is made in the payment of the principal of and any premium on (or premium, if any, on) any Security at the Maturity thereofthereof and such default continues for a period of 7 days, the Company will, upon demand of the Trustee, pay to the Trusteeit, for the benefit of the Holders of such Securities, the whole amount then due and payable payable, including Additional Amounts, on such Securities for principal and any premium and interest (including and, to the extent that payment of such interest shall be legally enforceable, interest on any Additional Interest) overdue principal and premium and on any overdue interest, at the rate or rates prescribed therefor in such Securities, 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 Trustee, its agents and counsel, and all amounts owing due the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) 6.07. If an Event of Default with respect to Securities 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 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 1 contract
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(ia) default is made in the payment of any installment of interest (including any Additional Interest) on any Security Notes when such interest becomes due and payable and such default continues for a period of thirty (30) 30 days, or
(iib) default is made in the payment of the principal of and any premium on any Security Notes at the Stated Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, decree and may enforce the same against the Company or any other obligor upon such Securities the Notes and collect the moneys adjudged or decreed deemed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the SecuritiesNotes, wherever situated.
(c) . If an Event of Default with respect to Securities the Notes 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 Notes 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 1 contract
Samples: Indenture
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for 37 the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Seacoast Banking Corp of Florida)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty (30) days, or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, ; the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Great Wolf Resorts, Inc.)
Collection of Indebtedness and Suits for Enforcement by Trustee. (a) The Company covenants that if:
(i) default is made in the payment of any installment of interest (including any Additional Interest) on any Security when such interest becomes due and payable and such default continues for a period of thirty twenty (3020) days, ; or
(ii) default is made in the payment of the principal of and any premium on any Security at the Maturity thereof, ; the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and any premium and interest (including any Additional Interest) and, in addition thereto, all amounts owing the Trustee under Section 6.6.
(b) If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid, and may prosecute such proceeding to judgment or final decree, and may enforce the same against the Company or any other obligor upon such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated.
(c) If an Event of Default with respect to Securities 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 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 1 contract
Samples: Junior Subordinated Indenture (Alesco Financial Inc)