Common use of Covenant of Clause in Contracts

Covenant of. Company to Pay to Trustee Whole Amount Due on Securities on Default in Payment of Interest or Principal. The 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 as and when the same shall become due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenture, 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 and which payment has not been extended in accordance with the provisions of a Supplemental Indenture, whether at the Stated Maturity of such series or by any call for redemption or by declaration of acceleration or otherwise; or (c) in case default shall be made in the satisfaction of any sinking fund obligation when and as such obligation becomes due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenture, upon demand of the Trustee, the 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 such Securities of such series and such Coupons, for principal (and any premium) and interest and for any overdue sinking fund payment together with interest upon the overdue principal and installments of interest (to the extent permitted by law) at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Securities), or prescribed therefor in, the Securities of such series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expense of collection, including a reasonable compensation to the Trustee, its agents and counsel, and any expenses or liabilities incurred, and all advances made, by the Trustee hereunder other than through its negligence or bad faith. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as Trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or any other obligor upon such Securities, and collect in the manner provided by law out of the property of the Company or any other obligor upon such Securities wherever situated the moneys adjudged or decreed to be payable. 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.

Covenant of. Company to Pay to Trustee Whole Amount Due on Securities on Default in Payment of Interest or Principal. The Company covenants that: (a1) in case default shall be made in the payment of any installment of interest on any of the Securities of any series Series as and when the same shall become due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenturepayable, and such default shall have continued for a period of 30 days; days or (b2) 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 and which payment has not been extended in accordance with the provisions of a Supplemental Indenturepayable, whether at the Stated Maturity of the Securities of such series Series or by any call for redemption or by upon declaration of acceleration or otherwise; otherwise or (c3) in case default shall be made in the satisfaction of any sinking fund obligation when and as such obligation becomes due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenturepayable, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of the Securities of such seriesSeries, the whole amount that then shall have become due and payable on all such Securities of such series and such Coupons, Series for principal (and any premium) and interest and for any overdue sinking fund payment together with interest upon the overdue principal and installments of interest (to the extent permitted by law) at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Securities)by, or prescribed therefor in, the Securities of such seriesSeries; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expense of collection, including a reasonable compensation to the Trustee, its agents and counsel, and any expenses or liabilities incurred, and all advances made, by the Trustee hereunder other than through its negligence or bad faith. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as Trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company Company, the Guarantor or any other obligor upon such Securities, and collect in the manner provided by law out of the property of the Company Company, the Guarantor or any other obligor upon such Securities wherever situated the moneys adjudged or decreed to be payable. If an Event of Default with respect to Securities of any series 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 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.

Covenant of. Company to Pay to Trustee Whole Amount Due on Securities on Default in Payment of Interest or PrincipalCOMPANY TO PAY TO TRUSTEE WHOLE AMOUNT DUE ON SECURITIES ON DEFAULT IN PAYMENT OF INTEREST OR PRINCIPAL. The Company covenants that: that (a1) in case default shall be made in the payment of any installment of interest on any of the Securities of any series as and when the same shall become due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenturepayable, and such default shall have continued for a period of 30 days; or days (bsubject to the deferral of any due date in the case of an Extension Period), or (2) 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 and which payment has not been extended in accordance with the provisions of a Supplemental Indenturepayable, whether at upon maturity of the Stated Maturity Securities of such series or by upon any call for redemption or by upon declaration of acceleration or otherwise; or (c) in case default shall be made in the satisfaction of any sinking fund obligation when and as such obligation becomes due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenture, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders 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 and such Coupons, for principal (and any premium) and interest and for any overdue sinking fund payment together or interest, or both, as the case may be, with interest upon the overdue principal and installments of interest (to the extent permitted by law) at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Securities), or prescribed therefor in, in the Securities of such series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expense expenses of collection, including a reasonable compensation to the Trustee, its agents agents, attorneys and counsel, and any expenses or liabilities incurred, and all advances made, by the Trustee hereunder other than through its negligence or bad faith. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as Trustee trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or any other obligor upon such Securities, and collect in the manner provided by law out of the property of the Company or any other obligor upon such Securities wherever situated the moneys adjudged or decreed to be payable. If The Trustee shall be entitled and empowered, either in its own name or as trustee of an Event express trust, or as attorney-in-fact for the holders of Default with respect to the Securities of any series, or in any one or more of such capacities (irrespective of whether the principal of the Securities of such series occurs shall then be due and is continuing, payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section) to file and prove a claim or claims for the whole amount of principal (or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of such series) and interest owing and unpaid in respect of the Securities of such series and to file such other documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation of the Trustee, its discretion proceed agents and counsel, and for reimbursement of all expenses, disbursements and liabilities incurred, and all advances made, by the Trustee, its agents and counsel, except as a result of its negligence or bad faith) and of the holders of the Securities of such series allowed in any equity receivership, insolvency, bankruptcy, liquidation, arrangement, readjustment, reorganization or any other judicial proceedings relative to protect the Company or any other obligor on the Securities or their creditors, or their property. The Trustee is hereby irrevocably appointed (and enforce the successive respective holders of the Securities of each series by taking and holding the same shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective holders of the Securities of such series, with authority to make and file in the respective names of the holders of the Securities of such series, or on behalf of the holders of the Securities of such series as a class, any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceeding and to receive payment of any sums becoming distributable on account thereof, and to execute any such other papers and documents and to do and perform any and all such acts and things for and on behalf of such holders of the Securities, as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Trustee and of the holders of the Securities of such series allowed in any such proceedings, and to receive payment of or on account of such claims and to distribute the same, and any receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its rights agents and counsel, and any other amounts due the Trustee under Section 7.06; provided, however, that nothing herein shall be deemed to authorize the Trustee to authorize or consent to or vote for or accept or adopt on behalf of any Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities of such series or the rights of any holder thereof, or to authorize the Holders Trustee to vote in respect of the claim of any holder of Securities of such series in any such proceeding. All rights of action and of asserting claims under this Indenture, or under any of the Securities of any series, may be enforced by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect without the possession of any of the Securities of such series, or the production thereof on any trial or other proceeding relative thereto, and enforce any such rightssuit or proceeding instituted by the Trustee, whether shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be, after provision for the specific enforcement of any covenant or agreement in this Indenture or in aid payment of the exercise reasonable compensation, expenses, disbursements and advances of any power granted hereinsuch Trustee, or to enforce any other proper remedyits agents and counsel, for the ratable benefit of the holders of the Securities of such series.

Covenant of. Company to Pay pay to Trustee Whole Amount Due whole amount due on Securities on Default or default in Payment payment of Interest interest or Principalprincipal. The Company covenants that: that (a1) in case default shall be made in the payment of any installment of interest on any of the Securities of any series as and when the same shall become due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenturepayable, and such default shall have continued for a period of 30 days; or days (bsubject to the deferral of any due date in the case of an Extension Period), or (2) 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 and which payment has not been extended in accordance with the provisions of a Supplemental Indenturepayable, whether at upon maturity of the Stated Maturity Securities of such series or by upon any call for redemption or by upon declaration of acceleration or otherwise; or (c) in case default shall be made in the satisfaction of any sinking fund obligation when and as such obligation becomes due and payable and which payment has not been extended in accordance with the provisions of a Supplemental Indenture, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders 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 and such Coupons, for principal (and any premium) and interest and for any overdue sinking fund payment together or interest, or both, as the case may be, with interest upon the overdue principal and installments of interest (to the extent permitted by law) at the rate or rates of interest borne by or Yield to Maturity (in the case of Original Issue Discount Securities), or prescribed therefor in, in the Securities of such series; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expense expenses of collection, including a reasonable compensation to the Trustee, its agents agents, attorneys and counsel, and any expenses or liabilities incurred, and all advances made, by the Trustee hereunder other than through its negligence or bad faith. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as Trustee trustee of an express trust, shall be entitled and empowered to institute any actions or proceedings at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceedings to judgment or final decree, and may enforce any such judgment or final decree against the Company or any other obligor upon such Securities, and collect in the manner provided by law out of the property of the Company or any other obligor upon such Securities wherever situated the moneys adjudged adjusted or decreed to be payable. If The Trustee shall be entitled and empowered, either in its own name or as trustee of an Event express trust, or as attorney-in-fact for the holders of Default with respect to the Securities of any series, or in any one or more of such capacities (irrespective of whether the principal of the Securities of such series occurs shall then be due and is continuing, payable as therein expressed or by declaration or otherwise and irrespective of whether the Trustee shall have made any demand pursuant to the provisions of this Section) to file and prove a claim or claims for the whole amount of principal (or, if the Securities of such series are Original Issue Discount Securities, such portion of the principal amount as may be specified in the terms of such series) and interest owing and unpaid in respect of the Securities of such series and to file such other documents as may be necessary or advisable in order to have the claims of the Trustee (including any claim for reasonable compensation of the Trustee, its discretion proceed agents and counsel, and for reimbursement of all expenses, disbursements and liabilities incurred, and all advances made, by the Trustee, its agents and counsel, except as a result of its negligence or bad faith) and of the holders of the Securities of such series allowed in any equity receivership, insolvency, bankruptcy, liquidation, arrangement, readjustment, reorganization or any other judicial proceedings relative to protect the Company or any other obligor on the Securities or their creditors, or their property. The Trustee is hereby irrevocably appointed (and enforce the successive respective holders of the Securities of each series by taking and holding the same shall be conclusively deemed to have so appointed the Trustee) the true and lawful attorney-in-fact of the respective holders of the Securities of such series, with authority to make and file in the respective names of the holders of the Securities of such series, or on behalf of the holders of the Securities of such series as a class, any proof of debt, amendment of proof of debt, claim, petition or other document in any such proceeding and to receive payment of any sums becoming distributable on account thereof, and to execute any such other papers and documents and to do and perform any and all such acts and things for and on behalf of such holders of the Securities, as may be necessary or advisable in the opinion of the Trustee in order to have the respective claims of the Trustee and of the holders of the Securities of such series allowed in any such proceedings, and to receive payment of or on account of such claims and to distribute the same, and any receiver, assignee, trustee, liquidator, sequestrator or other similar official in any such judicial proceeding is hereby authorized by each Holder to make such payments to the Trustee and, in the event that the Trustee shall consent to the making of such payments directly to the holders, to pay to the Trustee any amount due to it for the reasonable compensation, expenses, disbursements and advances of the Trustee, its rights agents and counsel, and any other amounts due the Trustee under Section 7.06; provided, however, that nothing herein shall be deemed to authorize the Trustee to authorize or consent to or vote for or accept or adopt on behalf of any Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities of such series or the rights of any holder thereof, or to authorize the Holders Trustee to vote in respect of the claim of any holder of Securities of such series in any such proceeding. All rights of action and of asserting claims under this Indenture, or under any of the Securities of any series, may be enforced by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect without the possession of any of the Securities of such series, or the production thereof on any trial or other proceeding relative thereto, and enforce any such rightssuit or proceeding instituted by the Trustee, whether shall be brought in its own name as trustee of an express trust, and any recovery of judgment shall be, after provision for the specific enforcement of any covenant or agreement in this Indenture or in aid payment of the exercise reasonable compensation, expenses, disbursements and advances of any power granted hereinsuch Trustee, or to enforce any other proper remedyits agents and counsel, for the ratable benefit of the holders of the Securities of such series.