Contract Fees. Subject to Section 503, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee will be payable at the office of the Agent in the City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 4 contracts
Samples: Stock Purchase Contract Agreement (CCC Capital Trust Ii), Stock Purchase Contract Agreement (Ati Financing Ii), Stock Purchase Contract Agreement (Heftel Capital Trust Ii)
Contract Fees. Subject to Section 503, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee will be payable at the office of the Agent in the City of New York _____________________ maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 2 contracts
Samples: Purchase Contract Agreement (Ferro Corp), Purchase Contract Agreement (Ferro Corp)
Contract Fees. Subject to Section 503, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 1 contract
Contract Fees. Subject to Section 5035.3, the Company shall paypay by 12:00 noon New York City time to the Agent, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to for the benefit of the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee Fees will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement settlement of the underlying Purchase Contract is effected on an Early a Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlementsettlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement settlement of the underlying Purchase Contract is effected on an a Settlement Date (other than a Holder's Early Settlement Date), Contract Fees that would otherwise be payable after the Early such Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable. The right to receive Contract Fees including accrued and unpaid Contract Fees and Deferred Contract Fees, if any, shall terminate upon the occurrence of a Bankruptcy Event, and the Company shall have no further obligations with respect thereto. The Company's obligations with respect to Contract Fees shall rank equally and pari passu with all other senior and unsubordinated liabilities of the Company.
Appears in 1 contract
Contract Fees. Subject to Section 5035.03, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee will be payable at the office of the Agent in the City of New York ____________ maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 1 contract
Samples: Stock Purchase Contract Agreement (Allied Waste North America Inc/De/)
Contract Fees. Subject to Section 5035.03, the Company shall paypay by 12:00 noon New York City time to the Agent, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to for the benefit of the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee Fees will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement settlement of the underlying Purchase Contract is effected on an Early a Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlementsettlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement settlement of the underlying Purchase Contract is effected on an a Settlement Date (other than a Holder's Early Settlement Date), Contract Fees that would otherwise be payable after the Early such Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable. Contract Fees shall not be paid upon a Bankruptcy Event.
Appears in 1 contract
Samples: Purchase Contract Agreement (Sunamerica Capital Trust Vi)
Contract Fees. Subject to Section 503, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee Fees will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Upon the occurrence of a Termination Event, the Company's obligation to pay Contract Fees (including any accrued or deferred Contract Fees) shall cease. Each Security Certificate delivered under this Agreement upon registration of transfer of of, or in exchange for for, or in lieu of of, any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In Subject to Section 509, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees Fees, if any, otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.on
Appears in 1 contract
Contract Fees. Subject to Section 503, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee will be payable at the office of the Agent in the City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early 32 28 Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 1 contract
Samples: Stock Purchase Contract Agreement (Ccci Capital Trust Iii)
Contract Fees. Subject to Section 5035.03, the Company shall paypay by 12:00 noon New York City time to the Agent, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to for the benefit of the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee Fees will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement settlement of the underlying Purchase Contract is effected on an Early a Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlementsettlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement settlement of the underlying Purchase Contract is effected on an a Settlement Date (other than a Holder's Early Settlement Date), Contract Fees that would otherwise be payable after the Early such Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable. The right to receive Contract Fees including accrued and unpaid Contract Fees and Deferred Contract Fees, if any, shall terminate upon the occurrence of a Bankruptcy Event, and the Company shall have no further obligations with respect thereto. The Company's obligations with respect to Contract Fees shall rank equally and pari passu with all other senior and unsubordinated liabilities of the Company.
Appears in 1 contract
Samples: Purchase Contract Agreement (Household International Inc)
Contract Fees. Subject to Section 503, the Company shall pay, on each Quarterly Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Unit Certificate (or one or more Predecessor Security Unit Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Quarterly Payment Date. The Contract Fee Fees will be payable at the office of the Purchase Contract Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Unit Register. Upon the occurrence of a Termination Event, the Company's obligation to pay Contract Fees (including any accrued or deferred Contract Fees) shall cease. Each Security Unit Certificate delivered under this Agreement upon registration of transfer of or of, in exchange for or in lieu of any other Security Unit Certificate shall carry the rights to receive accrued and unpaid Contract Fees accrued and unpaid, and to accrue, which that were carried by the Purchase Contracts evidenced by such other Security Unit Certificate. In Subject to Sections 511 and 512, in the case of any Security Unit with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Quarterly Payment Date, Contract Fees Fees, if any, otherwise payable on such Quarterly Payment Date shall be payable on such Quarterly Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Unit Certificate evidencing such Security Unit (or one or more Predecessor Security Unit Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect Company shall not be obligated to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, pay Contract Fees that would otherwise be payable from and after the Early Settlement Date in respect of any Unit as to which an Early Settlement has been effected. The Company's obligations with respect to Contract Fees are subordinated and junior in right of payment to the Purchase Contract underlying such Security shall not be payableCompany's obligations under any Senior Indebtedness.
Appears in 1 contract
Samples: Purchase Contract Agreement (Forest City Enterprises Inc)
Contract Fees. Subject to Section 5035.03, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee will be payable at the office of the Agent in the City of New York __________ maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Each Security Certificate delivered under this Agreement upon registration of transfer of or in exchange for or in lieu of any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 1 contract
Samples: Stock Purchase Contract Agreement (Radio One Licenses LLC)
Contract Fees. Subject to Section SECTION 503, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee Fees will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Upon the occurrence of a Termination Event, the Company's obligation to pay Contract Fees (including any accrued or deferred Contract Fees) shall cease. Each Security Certificate delivered under this Agreement upon registration of transfer of of, or in exchange for for, or in lieu of of, any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In Subject to SECTION 509, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees Fees, if any, otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 1 contract
Samples: Purchase Contract Agreement (Prime Group Realty Trust)
Contract Fees. Subject to Section 503, the Company shall pay, on each Quarterly Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Unit Certificate (or one or more Predecessor Security Unit Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Quarterly Payment Date. The Contract Fee Fees will be payable at the office of the Purchase Contract Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Unit Register. Upon the occurrence of a Termination Event, the Company's obligation to pay Contract Fees (including any accrued or deferred Contract Fees) shall cease. Each Security Unit Certificate delivered under this Agreement upon registration of transfer of or of, in exchange for or in lieu of any other Security Unit Certificate shall carry the rights to receive accrued and unpaid Contract Fees accrued and unpaid, and to accrue, which that were carried by the Purchase Contracts evidenced by such other Security Unit Certificate. In Subject to Sections 511 and 512, in the case of any Security Unit with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Quarterly Payment Date, Contract Fees Fees, if any, otherwise payable on such Quarterly Payment Date shall be payable on such Quarterly Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Unit Certificate evidencing such Security Unit (or one or more Predecessor Security Unit Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect Company shall not be obligated to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, pay Contract Fees that would otherwise be payable from and after the Early Settlement Date in respect of any Unit as to which an Early Settlement has been effected. The Company's obligations with respect to Contract Fees are subordinated and junior in right of payment to the Company's obligations under any Senior Indebtedness. Section 503. Deferral of Payment Dates for Contract Fees. The Company shall have the right, at any time prior to the Stock Purchase Date, to defer the payment of any or all of the Contract Fees otherwise payable on any Quarterly Payment Date, but only if the Company shall give the Holders and the Purchase Contract underlying Agent written notice of its election to defer such Security payment (specifying the amount to be deferred) at least ten Business Days prior to the earlier of (i) the next succeeding Quarterly Payment Date or (ii) the date the Company is required to give notice of the Record Date or Quarterly Payment Date with respect to payment of such Contract Fees to NASDAQ or other applicable self-regulatory organization or to Holders of the Securities, but in any event not less than one Business Day prior to such date. Any Contract Fees so deferred shall not bear additional Contract Fees thereon at the rate of _____% annum (computed on the basis of a 360-day year of twelve 30-day months), compounding on each succeeding Quarterly Payment Date, until paid in full. Contract Fees so deferred (and additional Contract Fees accrued thereon) shall be payabledue on the next succeeding Quarterly Payment Date except to the extent that payment is deferred pursuant to this Section. No Contract Fees may be deferred to a date that is after the Final Settlement Date or, with respect to any particular Purchase Contract, Early Settlement thereof. If the Purchase Contracts are terminated upon the occurrence of a Termination Event, the Holder's right to receive Contract Fees or deferred Contract Fees (and additional Contract Fees accrued thereon) will terminate.
Appears in 1 contract
Samples: Purchase Contract Agreement (Xo Communications Inc)
Contract Fees. Subject to Section 503, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee Fees will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Upon the occurrence of a Termination Event, the Company's obligation to pay Contract Fees (including any accrued or deferred Contract Fees) shall cease. Each Security Certificate delivered under this Agreement upon registration of transfer of of, or in exchange for for, or in lieu of of, any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In Subject to Section 509, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees Fees, if any, otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 1 contract
Contract Fees. Subject to Section 5035.03, the Company shall pay, on each Payment Date, the Contract Fees payable in respect of each Purchase Contract to the Person in whose name the Security Certificate (or one or more Predecessor Security Certificates) evidencing such Purchase Contract is registered at the close of business on the Record Date next preceding such Payment Date. The Contract Fee Fees will be payable at the office of the Agent in the The City of New York maintained for that purpose or, at the option of the Company, by check mailed to the address of the Person entitled thereto at such address as it appears on the Security Register. Upon the occurrence of a Termination Event, the Company's obligation to pay Contract Fees (including any accrued or deferred Contract Fees) shall cease. Each Security Certificate delivered under this Agreement upon registration of transfer of of, or in exchange for for, or in lieu of of, any other Security Certificate shall carry the rights to Contract Fees accrued and unpaid, and to accrue, which were carried by the Purchase Contracts evidenced by such other Security Certificate. In Subject to Section 5.09, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date after any Record Date and on or prior to the next succeeding Payment Date, Contract Fees Fees, if any, otherwise payable on such Payment Date shall be payable on such Payment Date notwithstanding such Early Settlement, and such Contract Fees shall be paid to the Person in whose name the Security Certificate evidencing such Security (or one or more Predecessor Security Certificates) is registered at the close of business on such Record Date. Except as otherwise expressly provided in the immediately preceding sentence, in the case of any Security with respect to which Early Settlement of the underlying Purchase Contract is effected on an Early Settlement Date, Contract Fees that would otherwise be payable after the Early Settlement Date with respect to the Purchase Contract underlying such Security shall not be payable.
Appears in 1 contract
Samples: Purchase Contract Agreement (Financial Security Assurance Holdings LTD/Ny/)