Common use of Collection of Indebtedness by Trustee; Trustee May Prove Debt Clause in Contracts

Collection of Indebtedness by Trustee; Trustee May Prove Debt. The Issuer covenants that (a) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (b) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including

Appears in 1 contract

Samples: Indenture (Planetout Inc)

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Collection of Indebtedness by Trustee; Trustee May Prove Debt. The Issuer covenants that (ai) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (bii) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise otherwise, then upon demand of the Trustee, the Issuer will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series for principal or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, includingincluding reasonable compensation to the Trustee and each predecessor Trustee, their respective agents, attorneys and counsel, and any expenses and liabilities incurred by the Trustee and each predecessor Trustee except as a result of its negligence or bad faith. 32

Appears in 1 contract

Samples: Indenture (Comcast Corp)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. The Issuer covenants that (a) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (b) in case default shall be made in the payment of all or any part of the principal or Change of Control purchase price of, or premium, if any, on, any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise acceleration or otherwise, then upon demand of the Trustee, the Issuer will shall pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all such Securities of such series for principal principal. Change of Control purchase price, premium or interest, as the case may be (with interest to the date of such payment upon the overdue principal principal, Change of Control purchase price or premium and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such seriesSecurities); and in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, includingincluding reasonable compensation to the Trustee and each predecessor Trustee, their respective agents, attorneys and counsel, and any reasonable expenses and

Appears in 1 contract

Samples: Indenture (NRG Energy Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. The Issuer Company covenants that if an Event of Default described in clause (aa)(1) in case default shall be made in the payment or (a)(2) of any installment of interest on any of the Securities of any series when such interest Section 8.01 hereof shall have become due occurred and payablebe continuing, and such default shall have continued for a period of 30 days or (b) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payablethen, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise then upon demand of the Trustee, the Issuer will Company shall pay to the Trustee Trustee, for the benefit of the Holders of the Securities Notes of such the series with respect to which Event of Default shall have occurred and is continuing, the whole amount that then shall have so become due and payable on all Securities of such series Notes for principal or interest, as the case may be (be, with interest to the date of such payment upon the overdue principal and, and any premium and (to the extent that payment of such interest is enforceable under applicable law, on ) upon the overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of borne by such series)Notes; and and, in addition thereto, such further amount amounts as shall be sufficient to cover the reasonable costs and expenses of collection, includingincluding reasonable compensation to the Trustee, its agents, attorneys and counsel, any expenses or liabilities incurred by the Trustee hereunder other than through its negligence or bad faith. Until such demand is made by the Trustee, the Company may pay the principal of and interest on such Notes to the Holders, whether or not such Notes be overdue.

Appears in 1 contract

Samples: Indenture (Great Plains Energy Inc)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. The Issuer Company covenants that (a) in case default shall be made in the payment of any installment of interest on any of the Securities of any series Series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (b) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series Series when the same shall have become due and payable, whether upon maturity of the Securities of such series Series or upon any redemption or by declaration or otherwise otherwise, then upon demand of the TrusteeTrustee for the Securities of such Series, the Issuer Company will pay to the Trustee for the Securities of such Series for the benefit of the Holders of the Securities of such series Series the whole amount that then shall have become due and payable on all Securities of such series Series for principal of or interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such seriesSeries); and in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, includingincluding reasonable compensation to, and all expenses

Appears in 1 contract

Samples: Indenture (Wellpoint Health Networks Inc /Ca/)

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Collection of Indebtedness by Trustee; Trustee May Prove Debt. The Issuer Company covenants that (a) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days days, or (b) in case default shall be made in the payment of all or any part of the principal of any of the Securities of any series when the same shall have become due and payable, whether upon maturity Maturity of the Securities of such series or upon any redemption or by declaration or otherwise otherwise, then upon demand of the Trustee, the Issuer Company will pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all Securities of such series series, and such Coupons, for principal or and interest, as the case may be (with interest to the date of such payment upon the overdue principal and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such series); and in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, includingand such other amount due the Trustee under Section 6.6 in respect of Securities of such series. Until such demand is made by the Trustee, the Company may pay the principal of and interest on the Securities of any series to the registered Holders, whether or not the Securities of such series be overdue.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Collection of Indebtedness by Trustee; Trustee May Prove Debt. The Issuer covenants that (a) in case default shall be made in the payment of any installment of interest on any of the Securities of any series when such interest shall have become due and payable, and such default shall have continued for a period of 30 days or (b) in case default shall be made in the payment of all or any part of the principal or Change of Control purchase price of, or premium, if any, on, any of the Securities of any series when the same shall have become due and payable, whether upon maturity of the Securities of such series or upon any redemption or by declaration or otherwise acceleration or otherwise, then upon demand of the Trustee, the Issuer will shall pay to the Trustee for the benefit of the Holders of the Securities of such series the whole amount that then shall have become due and payable on all such Securities of such series for principal principal. Change of Control purchase price, premium or interest, as the case may be (with interest to the date of such payment upon the overdue principal principal, Change of Control purchase price or premium and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest at the same rate as the rate of interest or Yield to Maturity (in the case of Original Issue Discount Securities) specified in the Securities of such seriesSecurities); and in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, includingand

Appears in 1 contract

Samples: Senior Debt Securities Indenture (NRG Energy Inc)

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