Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 hereto. The amount of interest payable in respect of each Note for any Interest Period shall be calculated by applying the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect of a period which is equal to or shorter than an Interest Period, the day-count fraction applied to calculate the amount of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such day but excluding the last). (b) The Person in whose name any Note (or its Predecessor Note) is registered on the Register at 5.00 p.m., London time, on any Record Date with respect to any interest payment date shall be entitled to receive the interest payable on such interest payment date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:
Appears in 4 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1.00 principal amount and integral multiples of €1,000 in excess thereof$1.00. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 heretoNote. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Interest Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposesPaying Agent, which shall initially be an office or agency the Corporate Trust Office of the TrusteeTrustee as the Company’s Paying Agent and Note Registrar. The Issuer Company shall pay interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify Note Register (or upon written application by written notice such Person to the Issuer that it pay interest Trustee and Paying Agent (if different from the Trustee) not later than the relevant Interest Record Date, by wire transfer of in immediately available funds to such Person’s account within the account specified by United States, if such Person is entitled to interest on an aggregate principal amount in excess of $5,000,000, which application shall remain in effect until the Holder Noteholder notifies, in such noticewriting, the Trustee and Paying Agent to the contrary) or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Interest Record DateDate by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than twenty-five (25) days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen (15) days and not less than ten (10) days prior to the date of the proposed payment, and not less than ten (10) days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee in writing of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be mailed, first-class postage prepaid, to each Holder at its address as it appears in the Note Register, not less than five (5) days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special record date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.
Appears in 4 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.), Indenture (H-L Distribution Service, LLC)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and in integral multiples of €$1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period (including Additional Interest, if any) on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Interest Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest (including Additional Interest, if any) shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposespurposes in The Borough of Manhattan, City of New York, which shall initially be an the office or agency of the TrusteePaying Agent. The Issuer Company shall pay interest (iincluding Additional Interest, if any) (a) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, Note Register or (iib) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Interest Record DateDate by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than twenty-five days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment (unless the Trustee shall consent to an earlier date). The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be mailed, first-class postage prepaid, to each holder at its address as it appears in the Note Register, not less than ten days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special record date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system.
Appears in 4 contracts
Samples: Second Supplemental Indenture (Borgwarner Inc), Indenture (Alliance Data Systems Corp), Second Supplemental Indenture (Borgwarner Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and in integral multiples of €$1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period (including Additional Interest, if any) on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Interest Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest (including Additional Interest, if any) shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposespurposes in The Borough of Manhattan, City of New York, which shall initially be an the office or agency of the TrusteePaying Agent. The Issuer Company shall pay interest (iincluding Additional Interest, if any) (a) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, Note Register or (iib) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Interest Record DateDate by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than twenty-five days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment (unless the Trustee shall consent to an earlier date). The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be mailed, first-class postage prepaid, to each holder at its address as it appears in the Note Register, not less than seven days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special record date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system.
Appears in 3 contracts
Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Salix Pharmaceuticals LTD), Indenture (Salix Pharmaceuticals LTD)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Interest Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposespurposes in The Borough of Manhattan, City of New York, which shall initially be an the office or agency of the TrusteePaying Agent. The Issuer Company shall pay interest (ia) on any Notes in certificated form (i) for holders having an aggregate principal amount of $5,000,000 or less, by check mailed to the address of the Person entitled thereto as it appears in on the Register; provided, however, that a Holder of any Notes in certificated form in the Note Register and (ii) for holders having an aggregate principal amount of more than €3.0 million may specify $5,000,000, either by written notice check mailed to the Issuer that address of the Person entitled thereto as it pay interest appears on the Note Register or, upon application by the Person entitled thereto as it appears on the Note Register to the Note Registrar not later than the relevant record date, by wire transfer of in immediately available funds to that Person’s account within the account specified by United States, which application shall remain in effect until such Person notifies, in writing, the Holder in such noticeNote Registrar to the contrary, or (iib) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Interest Record DateDate by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special Record Date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than 25 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special Record Date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee in writing of such special Record Date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special Record Date therefor to be mailed, first-class postage prepaid, to each holder at its address as it appears in the Note Register, not less than ten days prior to such special Record Date. Notice of the proposed payment of such Defaulted Interest and the special Record Date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special Record Date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.
Appears in 2 contracts
Samples: Indenture (Teradyne, Inc), Indenture (Teradyne, Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and in integral multiples of €$1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest Interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto; provided that Additional Notes may provide that they shall bear Interest from the most recent date to which Interest on the outstanding Notes has been paid or duly provided for at the time such Additional Notes are originally issued. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year consisting of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the Close of Business on any Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest Interest payable on such interest payment dateInterest Payment Date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note shall be paid by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If Payment of the principal of Notes not represented by a payment date is not a Business Day, payment Global Note shall be made at the office or agency designated by the Issuer for such purpose. Interest on the next succeeding Business DayNotes not represented by a Global Note shall be paid (i) to Holders having an aggregate principal amount of $5,000,000 or less, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable by check mailed to the Holders of these Notes and (ii) to Holders having an aggregate principal amount of more than $5,000,000, either by check mailed to each Holder registered as such on or, upon application by a Holder to the Registrar not later than the relevant Record Date, and such Defaulted Interest by wire transfer in immediately available funds to that Holder’s account within the United States, which application shall be paid by remain in effect until the IssuerHolder notifies, at its election in each casewriting, as provided in clause (i) or (ii) below:the Registrar to the contrary.
Appears in 2 contracts
Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 hereto. The amount of interest payable in respect of each Note for any Interest Period shall be calculated by applying the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect of a period which is equal to or shorter than an Interest Period, the day-count fraction applied to calculate the amount of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such day but excluding the last).
(b) The Person in whose name any Note (or its Predecessor Note) is registered on the Register at 5.00 p.m., London time, on any Record Date with respect to any interest payment date shall be entitled to receive the interest payable on such interest payment date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:
Appears in 2 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 hereto. The amount of interest payable in respect of each Note for any Interest Period shall be calculated by applying the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect of a period which is equal to or shorter than an Interest Period, the day-count fraction applied to calculate the amount of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such day but excluding the last).
(b) The Person in whose name any Note (or its Predecessor Note) is registered on the Register at 5.00 p.m., London time, on any Record Date with respect to any interest payment date shall be entitled to receive the interest payable on such interest payment date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:form
Appears in 2 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Interest Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest (including Additional Interest, if any) shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposespurposes in The Borough of Manhattan, City of New York, which shall initially be an one such office or agency of the TrusteePaying Agent at 000 Xxxxxxx Xxxxxx, Floor 8 West, New York, New York 10286, Attention: Corporate Trust Administration. The Issuer Company shall pay interest (iincluding Additional Interest, if any) (a) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify Note Register (or upon written application by written notice such Person to the Issuer that it pay interest Trustee and Paying Agent (if different from the Trustee) not later than the relevant Interest Record Date, by wire transfer of in immediately available funds to such Person’s account within the account specified by United States, if such Person is entitled to interest on an aggregate principal in excess of $1,000,000, which application shall remain in effect until the Holder in such notice, Noteholder notifies the Trustee and Paying Agent to the contrary) or (iib) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Interest Record DateDate by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than twenty-five days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be mailed, first-class postage prepaid, to each holder at its address as it appears in the Note Register, not less than ten days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special record date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.
Appears in 1 contract
Samples: Indenture (Alaska Communications Systems Group Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €$1,000 in excess thereofthereafter. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of Accrued interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period360-day year composed of twelve 30-day months and, for partial months, on the day-count fraction applied to calculate the amount basis of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days actually elapsed in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such a 30-day but excluding the last)month.
(b) The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Regular Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest The principal amount of any Note (x) in the case of any Physical Note, shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest Corporate Trust Office and (iy) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder case of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest Global Note, shall be payable by wire transfer of immediately available funds to the account specified of the Depositary or its nominee. The Company shall pay interest (i) on any Physical Notes (A) to Holders holding Physical Notes having an aggregate principal amount of $5,000,000 or less, by check mailed to the Holders of these Notes at their address as it appears in the Note Register and (B) to Holders holding Physical Notes having an aggregate principal amount of more than $5,000,000, either by check mailed to each Holder or, upon application by such a Holder to the Note Registrar not later than the relevant Regular Record Date, by wire transfer in immediately available funds to that Xxxxxx’s account within the United States, which application shall remain in effect until the Holder notifies, in such noticewriting, the Note Registrar to the contrary or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:.
Appears in 1 contract
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and greater integral multiples of €1,000 in excess thereof$1,000. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form Form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Regular Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposesPaying Agent, which shall initially be an office or agency the Corporate Trust Office of the TrusteeTrustee as the Company’s Paying Agent and Note Registrar. The Issuer Company shall pay interest on any Physical Notes (i) on any Notes in certificated form to the Person entitled thereto having an aggregate principal amount of $5,000,000 or less, by check mailed to such Person at the address of set forth in the Note Register and (ii) to the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the having an aggregate principal amount of more than €3.0 million may specify in excess of $5,000,000, either by written notice check mailed to such Person or, upon application by such Person to the Issuer that it pay interest Note Registrar not later than the relevant Regular Record Date, by wire transfer of in immediately available funds to such Person’s account within the account specified by the Holder in such noticeUnited States, or (ii) on any Global Note by which application and wire transfer of immediately available funds instructions shall remain in effect until such Person notifies, in writing, the Note Registrar to the account of the Common Safekeeper or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment datecontrary. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as of such Note on the relevant Regular Record DateDate by virtue of its having been such Holder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than 20 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee in writing of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be sent or mailed, first-class postage prepaid, to each Holder at its address as it appears in the Note Register, not less than ten days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special record date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after written notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.
Appears in 1 contract
Samples: Indenture (Greenbrier Companies Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Interest Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest (including Additional Interest, if any) shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposespurposes in The Borough of Manhattan, City of New York, which shall initially be an the office or agency of the TrusteePaying Agent. The Issuer Company shall pay interest (iincluding Additional Interest, if any) (a) on any Notes in certificated form (i) for holders having an aggregate principal amount of $5,000,000 or less, by check mailed to the address of the Person entitled thereto as it appears in on the Register; provided, however, that a Holder of any Notes in certificated form in the Note Register and (ii) for holders having an aggregate principal amount of more than €3.0 million may specify $5,000,000, either by written notice check mailed to the Issuer that address of the Person entitled thereto as it pay interest appears on the Note Register or, upon application by the Person entitled thereto as it appears on the Note Register to the Note Registrar not later than the relevant record date, by wire transfer of in immediately available funds to that Person’s account within the account specified by United States, which application shall remain in effect until such Person notifies, in writing, the Holder in such noticeNote Registrar to the contrary, or (iib) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Interest Record DateDate by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special Record Date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than 25 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special Record Date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee in writing of such special Record Date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special Record Date therefor to be mailed, first-class postage prepaid, to each holder at its address as it appears in the Note Register, not less than ten days prior to such special Record Date. Notice of the proposed payment of such Defaulted Interest and the special Record Date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special Record Date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.
Appears in 1 contract
Samples: Indenture (PSS World Medical Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €1,000 in excess thereof. Each Every Note shall be dated the date of its authentication and shall bear interest from the applicable date in each case as specified on the face of the form of Note attached as Exhibit A1 EXHIBIT A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual twelve (ICMA12) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such 30-day but excluding the last).
(b) months. The Person Holder in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Record Date record date with respect to any interest payment date shall be entitled to receive the interest (including Liquidated Damages, if any) payable on such interest payment date, except (i) that the interest (including Liquidated Damages, if any) payable upon redemption (unless the date of redemption is an interest payment date) will be payable to the Holder to whom principal is payable and (ii) as set forth in the next succeeding sentence. In the case of any Note (or portion thereof) that is converted into Common Stock during the period from (but excluding) a record date to (but excluding) the next succeeding interest payment date either (x) if such Note (or portion thereof) has been called for redemption on a redemption date which occurs during such period, or is to be redeemed in connection with a Fundamental Change on a Repurchase Date (as defined in Section 3.5) that occurs during such period, the Company shall not be required to pay interest on such interest payment date in respect of any such Note (or portion thereof) except to the extent required to be paid upon redemption of such Note or portion thereof pursuant to Section 3.3 or 3.5 hereof or (y) if such Note (or portion thereof) has not been called for redemption on a redemption date that occurs during such period and is not to be redeemed in connection with a Fundamental Change on a Repurchase Date that occurs during such period, such Note (or portion thereof) that is submitted for conversion during such period shall be accompanied by funds equal to the interest payable on such succeeding interest payment date on the principal amount so converted, as provided in the penultimate paragraph of Section 15.2 hereof. Interest (including Liquidated Damages, if any) shall be payable at the office of the Issuer Company maintained by the Issuer Company for such purposespurposes in the Borough of Manhattan, City of New York, which shall initially be an office or agency of the Trustee. The Issuer Trustee and may, as the Company shall pay interest specify to the paying agent in writing by each record date, be paid either (i) on any Notes in certificated form by check mailed to the address of the Person Holder entitled thereto as it appears in the RegisterNote Register (provided that the Holder of Notes with an aggregate principal amount in excess of $2,000,000 shall, at the written election of such Holder, be paid by wire transfer in immediately available funds) or (ii) by wire transfer to an account maintained by such Person located in the United States; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice payments to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note Depositary will be made by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” "record date" with respect to any interest payment date shall mean the Business Day immediately May 1 or November 1 preceding the applicable interest payment daterelevant May 15 or November 15, respectively. Any interest (including Liquidated Damages, if any) on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date May 15 or November 15 (herein called “"Defaulted Interest”") shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Record Daterecord date by virtue of his having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
Appears in 1 contract
Samples: Indenture (Spectrasite Holdings Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €$1,000 in excess thereofthereafter. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of Accrued interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period360-day year composed of twelve 30-day months and, for partial months, on the day-count fraction applied to calculate the amount basis of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days actually elapsed in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such a 30-day but excluding the last)month.
(b) The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Regular Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest The principal amount of any Note (x) in the case of any Physical Note, shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest Corporate Trust Office and (iy) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder case of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest Global Note, shall be payable by wire transfer of immediately available funds to the account specified of the Depositary or its nominee. The Company shall pay interest (i) on any Physical Notes (A) to Holders holding Physical Notes having an aggregate principal amount of $5,000,000 or less, by check mailed to the Holders of these Notes at their address as it appears in the Note Register and (B) to Holders holding Physical Notes having an aggregate principal amount of more than $5,000,000, either by check mailed to each Holder or, upon application by such a Holder to the Note Registrar not later than the relevant Regular Record Date, by wire transfer in immediately available funds to that Holder's account within the United States, which application shall remain in effect until the Holder notifies, in such noticewriting, the Note Registrar to the contrary or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:.
Appears in 1 contract
Date and Denomination of Notes; Payments of Interest. (a) The Subject to Section 2.02, the Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Register Note register at 5.00 p.m., London time, the close of business on any Record Date record date with respect to any interest payment date shall be entitled to receive the interest payable on such interest payment date, except that the interest payable upon redemption or repurchase will be payable to the Person to whom principal is payable pursuant to such redemption or repurchase (unless the redemption date or the Repurchase Date, as the case may be, is an interest payment date, in which case the semi-annual payment of interest becoming due on such date shall be payable to the holders of such Notes registered as such on the applicable record date). Interest shall be payable at the office of the Issuer Company maintained by the Issuer Company for such purposespurposes in the Borough of Manhattan, The City of New York, which shall initially be an office or agency the Corporate Trust Office of the Trustee. The Issuer Trustee and may, as the Company shall pay interest specify to the paying agent in writing by each record date, be paid either (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, Note register (PROVIDED that a Holder any holder of any Notes in certificated form in the with an aggregate principal amount in excess of more than €3.0 million may specify by $2,000,000 shall, at the written notice election of such holder (such election to be made prior to the Issuer that it pay interest relevant record date and to contain appropriate wire transfer information), be paid by wire transfer of in immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (ifunds) or (ii) below:by transfer to an account maintained by such Person located
Appears in 1 contract
Samples: Indenture (Jetblue Airways Corp)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 hereto. The amount of interest payable in respect of each Note for any Interest Period shall be calculated by applying the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect of a period which is equal to or shorter than an Interest Period, the day-count day‑count fraction applied to calculate the amount of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such day but excluding the last).
(b) The Person in whose name any Note (or its Predecessor Note) is registered on the Register at 5.00 p.m., London time, on any Record Date with respect to any interest payment date shall be entitled to receive the interest payable on such interest payment date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:accrue
Appears in 1 contract
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $25 principal amount and integral multiples of €1,000 $25 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount Accrued interest on the Notes shall be computed on the basis of a 360-day year composed of twelve 30-day months. Accrued interest on the Notes payable in respect of each Note for any Interest Period period shorter than a full quarterly interest period shall be calculated by applying computed on the interest rate to the principal amount basis of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect of a period which is equal to or shorter than an Interest Period, the day-count fraction applied to calculate the amount of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days elapsed in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number a 90-day quarter of days in the Interest Period in which the relevant period falls (including the first such three 30-day but excluding the last)months.
(b) This Section 2.04(b) shall replace the first sentence of Section 307 of the Base Indenture in its entirety and all references to such provisions shall be deemed, for the purposes of the Notes, to be references to this Section 2.04(b). The Person in whose name any Note (or its Predecessor Note) is registered on the Debt Security Register at 5.00 p.m., London time, the close of business on any Regular Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposes, which shall initially be an office or agency of the TrusteeCorporate Trust Office. The Issuer Company shall pay interest (i) on any Physical Notes in certificated form (A) to Holders of the Notes having an aggregate principal amount of $5,000,000 or less, by check mailed to the Holders of these Notes at their address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder Debt Security Register and (B) to Holders of any the Notes in certificated form in the having an aggregate principal amount of more than €3.0 million may specify $5,000,000, either by written notice check mailed to the Issuer that it pay interest Holders of these Notes or upon application by a Holder of the Notes to the Registrar not later than the relevant Regular Record Date, by wire transfer of in immediately available funds to such Holder’s account within the account specified by United States, which application shall remain in effect until such Holder notifies, in writing, the Holder in such notice, Registrar to the contrary or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:.
Appears in 1 contract
Samples: First Supplemental Indenture (Arbor Realty Trust Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €£100,000 principal amount and integral multiples of €£1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 hereto. The amount of interest payable in respect of each Note for any Interest Period shall be calculated by applying the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect of a period which is equal to or shorter than an Interest Period, the day-count fraction applied to calculate the amount of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such day but excluding the last).
(b) The Person in whose name any Note (or its Predecessor Note) is registered on the Register at 5.00 p.m., London time, on any Record Date with respect to any interest payment date shall be entitled to receive the interest payable on such interest payment date. Interest shall be payable at the office of the Issuer maintained by the Issuer for such purposes, which shall initially be an office or agency of the Trustee. The Issuer shall pay interest (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €£3.0 million may specify by written notice to the Issuer that it pay interest by wire transfer of immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (i) or (ii) below:
Appears in 1 contract
Date and Denomination of Notes; Payments of Interest. (a) The Subject to Section 2.02, the Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Register Note register at 5.00 p.m., London time, the close of business on any Record Date record date with respect to any interest payment date shall be entitled to receive the interest payable on such interest payment date, except that the interest payable upon redemption or repurchase will be payable to the Person to whom principal is payable pursuant to such redemption or repurchase (unless the redemption date or the Repurchase Date, as the case may be, is an interest payment date, in which case the semi-annual payment of interest becoming due on such date shall be payable to the holders of such Notes registered as such on the applicable record date). Interest shall be payable at the office of the Issuer Company maintained by the Issuer Company for such purposespurposes in the Borough of Manhattan, The City of New York, which shall initially be an office or agency the Corporate Trust Office of the Trustee. The Issuer Trustee and may, as the Company shall pay interest specify to the paying agent in writing by each record date, be paid either (i) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, Note register (provided that a Holder any holder of any Notes in certificated form in the with an aggregate principal amount in excess of more than €3.0 million may specify by $2,000,000 shall, at the written notice election of such holder (such election to be made prior to the Issuer that it pay interest relevant record date and to contain appropriate wire transfer information), be paid by wire transfer of in immediately available funds to the account specified by the Holder in such notice, or (ii) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the Holder registered as such on the relevant Record Date, and such Defaulted Interest shall be paid by the Issuer, at its election in each case, as provided in clause (ifunds) or (ii) below:by transfer to an account maintained by such Person located
Appears in 1 contract
Samples: Indenture (Nii Holdings Inc)
Date and Denomination of Notes; Payments of Interest. (a) The Notes shall be issuable in registered form without coupons in minimum denominations of €100,000 $1,000 principal amount and integral multiples of €1,000 in excess thereof. Each Note shall be dated the date of its authentication and shall bear interest from the date specified on the face of the form of Note attached as Exhibit A1 A hereto. The amount of interest payable in respect of each Note for any Interest Period on the Notes shall be calculated by applying computed on the interest rate to the principal amount of such Note and rounding the resulting figure to the nearest cent (half a cent being rounded upwards). Where interest is to be calculated in respect basis of a period which is equal to or shorter than an Interest Period, the day360-count fraction applied to calculate the amount day year comprised of interest payable in respect of each Note shall follow actual/actual (ICMA) basis and shall be the number of days in the relevant period from (and including) the date from which interest begins to accrue to (but excluding) the date on which it falls due, divided by the number of days in the Interest Period in which the relevant period falls (including the first such twelve 30-day but excluding the last).
(b) months. The Person in whose name any Note (or its Predecessor Note) is registered on the Note Register at 5.00 p.m., London time, the close of business on any Interest Record Date with respect to any interest payment date Interest Payment Date shall be entitled to receive the interest payable on such interest payment dateInterest Payment Date. Interest (including Additional Interest, if any) shall be payable at the office or agency of the Issuer Company maintained by the Issuer Company for such purposespurposes in New York, New York, which shall initially be an the office or agency of the TrusteePaying Agent at 00 Xxxx Xxxxxx, 00xx Xxxxx, XX: NYC60-2710, Xxx Xxxx, Xxx Xxxx 00000, Attn: Trust & Securities Services. The Issuer Company shall pay interest (iincluding Additional Interest, if any) (a) on any Notes in certificated form by check mailed to the address of the Person entitled thereto as it appears in the Register; provided, however, that a Holder of any Notes in certificated form in the aggregate principal amount of more than €3.0 million may specify Note Register (or upon written application by written notice such Person to the Issuer that it pay interest Trustee and Paying Agent (if different from the Trustee) not later than the relevant Interest Record Date, by wire transfer of in immediately available funds to such Person’s account within the account specified by United States, if such Person is entitled to interest on an aggregate principal amount in excess of $2,000,000, which application shall remain in effect until the Holder in such notice, Noteholder notifies the Trustee and Paying Agent to the contrary) or (iib) on any Global Note by wire transfer of immediately available funds to the account of the Common Safekeeper Depositary or its nominee. If a payment date is not a Business Day, payment shall be made on the next succeeding Business Day, and no additional interest shall accrue thereon. The term “Record Date” with respect to any interest payment date shall mean the Business Day immediately preceding the applicable interest payment date. Any interest on any Note which is payable, but is not punctually paid or duly provided for, on any interest payment date (herein called “Defaulted Interest”) Interest shall forthwith cease to be payable to the Holder registered as such Noteholder on the relevant Interest Record DateDate by virtue of its having been such Noteholder, and such Defaulted Interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (i1) or (ii2) below:
(1) The Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on a special record date for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment (which shall be not less than twenty-five days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Interest as in this clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Interest which shall be not more than fifteen days and not less than ten days prior to the date of the proposed payment, and not less than ten days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Interest and the special record date therefor to be mailed, first-class mail, postage prepaid, to each holder at its address as it appears in the Note Register, not less than ten days prior to such special record date. Notice of the proposed payment of such Defaulted Interest and the special record date therefor having been so mailed, such Defaulted Interest shall be paid to the Persons in whose names the Notes (or their respective Predecessor Notes) are registered at the close of business on such special record date and shall no longer be payable pursuant to the following clause (2) of this Section 2.03.
(2) The Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.
Appears in 1 contract
Samples: Indenture (MF Global Ltd.)