Common use of Dating of Bonds and Interest Payments Clause in Contracts

Dating of Bonds and Interest Payments. Each bond of the ____________ Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the ____________ Series dated prior to ___________ __, 20__, shall bear interest from ___________ __, 20__; and provided, further, that if any bond of the ____________ Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __, 20__, if no interest shall have been paid on the bonds of the ______________ Series. Notwithstanding the foregoing, bonds of the ____________ Series shall be dated so that the Person in whose name any bond of the ____________ Series is registered at the close of business on the Business Day immediately preceding an interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the __________ Series are registered at the close of business on the Business Day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying Agent. So long as any bonds of the ___________ Series are Outstanding, the Company covenants that the office or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONS

Appears in 1 contract

Samples: Supplemental Indenture (Entergy Mississippi Inc)

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Dating of Bonds and Interest Payments. (a) Each bond of the ____________ Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the ____________ Series dated prior to ___________ __, 20__, shall bear interest from ___________ __, 20__; and provided, further, that if any bond of the ____________ Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __, 20__, if no interest shall have been paid on the bonds of the ______________ Series. . (b) Notwithstanding the foregoing, bonds of the ____________ Series shall be dated so that the Person in whose name any bond of the ____________ Series is registered at the close of business on any record date for the Business Day immediately preceding an ________ Series with respect to any interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the __________ Series are registered at the close of business on the Business Day day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying Agent. So long as any bonds of The term "record date for the ___________ Series are OutstandingSeries," as used with respect to any interest payment date, shall mean the Company covenants that the office day immediately preceding such interest payment date, whether or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of not a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONSbusiness day.

Appears in 1 contract

Samples: Supplemental Indenture (Entergy Mississippi Inc)

Dating of Bonds and Interest Payments. Each bond (a) Bonds of the ____________ Sixth Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paidMarch 1, in which case from the date of such bond); 1993, provided that each bond of the ____________ Series dated prior to ___________ __, 20__, shall bear interest from ___________ __, 20__; and provided, further, that if any bond of the ____________ Sixth Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Sixth Series upon after a date to which interest is in defaultshall have been paid on such other bond or bonds, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __March 1, 20__1993 if authenticated and delivered prior to September 1, if no interest shall have been paid on the bonds of the ______________ Series. 1993. (i) Notwithstanding the foregoing, bonds of the ____________ Sixth Series shall be dated so that the Person person in whose name any bond of the ____________ Sixth Series is registered at the close of business on the Business Day day (whether or not a business day) immediately preceding an interest payment date shall be entitled to receive the interest payable on the interest payment date notwithstanding the cancellation of such bond upon any transfer or exchange thereof subsequent to such close of business and prior to such interest payment date, except if, and to the extent that, the Company shall have defaulted default in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons persons in whose names Outstanding bonds of the __________ Sixth Series are registered at the close of business on the Business Day day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance Any bond of Paying Agentthe Sixth Series issued upon any transfer or exchange subsequent to such close of business and prior to such interest payment date shall bear interest from such interest payment date. So long as any In the event there shall be more than one registered owner of bonds of the ___________ Series are OutstandingSixth Series, then the Company covenants that the office shall not be required to make transfers or agency exchanges of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such said series shall be payable shall also be an office or agency where for a period of fifteen (15) days next preceding any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect interest payment date of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONSsaid series.

Appears in 1 contract

Samples: Third Supplemental Indenture (Entergy New Orleans, LLC)

Dating of Bonds and Interest Payments. Each bond (a) Bonds of the ____________ Fifth Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paidMarch 1, in which case from the date of such bond); 1993, provided that each bond of the ____________ Series dated prior to ___________ __, 20__, shall bear interest from ___________ __, 20__; and provided, further, that if any bond of the ____________ Fifth Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Fifth Series upon after a date to which interest is in defaultshall have been paid on such other bond or bonds, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __March 1, 20__1993 if authenticated and delivered prior to September 1, if no interest shall have been paid on the bonds of the ______________ Series. 1993. (e) Notwithstanding the foregoing, bonds of the ____________ Fifth Series shall be dated so that the Person person in whose name any bond of the ____________ Fifth Series is registered at the close of business on the Business Day day (whether or not a business day) immediately preceding an interest payment date shall be entitled to receive the interest payable on the interest payment date notwithstanding the cancellation of such bond upon any transfer or exchange thereof subsequent to such close of business and prior to such interest payment date, except if, and to the extent that, the Company shall have defaulted default in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons persons in whose names Outstanding bonds of the __________ Fifth Series are registered at the close of business on the Business Day day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance Any bond of Paying Agentthe Fifth Series issued upon any transfer or exchange subsequent to such close of business and prior to such interest payment date shall bear interest from such interest payment date. So long as any In the event there shall be more than one registered owner of bonds of the ___________ Series are OutstandingFifth Series, then the Company covenants that the office shall not be required to make transfers or agency exchanges of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such said series shall be payable shall also be an office or agency where for a period of fifteen (15) days next preceding any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect interest payment date of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONSsaid series.

Appears in 1 contract

Samples: Third Supplemental Indenture (Entergy New Orleans, LLC)

Dating of Bonds and Interest Payments. (a) Each bond of the _______________ Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the _______________ Series dated prior to ___________ __, 20__, shall bear interest from ___________ __, 20__the date of original issuance; and provided, further, that if any bond of the _______________ Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the _______________ Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from the date of original issuance of the bonds of the _______________ __, 20__Series, if no interest shall have been paid on the bonds of the _______________ Series. . (b) Notwithstanding the foregoing, bonds of the _______________ Series shall be dated so that the Person in whose name any bond of the _______________ Series is registered at the close of business on the Business Day immediately preceding an interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the _______________ Series are registered at the close of business on the Business Day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying Agent. So long as any bonds of the ___________ Series are Outstanding, the Company covenants that the office or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONS.

Appears in 1 contract

Samples: Supplemental Indenture (Entergy Arkansas, LLC)

Dating of Bonds and Interest Payments. Each bond of the ____________ Thirty-first Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the ____________ Thirty-first Series dated prior to ___________ __August 1, 20__2006, shall bear interest from ___________ __January 18, 20__2006; and provided, further, that if any bond of the ____________ Thirty-first Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Thirty-first Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __January 18, 20__2006, if no interest shall have been paid on the bonds of the ______________ Thirty-first Series. Notwithstanding the foregoing, bonds of the ____________ Thirty-first Series shall be dated so that the Person in whose name any bond of the ____________ Thirty-first Series is registered at the close of business on the Business Day immediately preceding an interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the __________ Thirty-first Series are registered at the close of business on the Business Day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying Agent. So long as any bonds of the ___________ Thirty-first Series are Outstanding, the Company covenants that the office or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. .Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of a majority in aggregate principal amount of the bonds of the _____________ Thirty-first Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds.Limitation on Restricted Payments. So long as any bonds of the Thirty-first Series are Outstanding, the Company covenants that it will not declare any dividends on its common stock (other than (1) a dividend payable solely in shares of its common stock or (2) a dividend payable in cash in cases where, concurrently with the payment of such dividend, an amount in cash equal to such dividend is received by the Company as a capital contribution or as the proceeds of the issue and sale of shares of its common stock) or make any distribution on outstanding shares of its common stock or purchase or otherwise acquire for value any outstanding shares of its common stock (otherwise than in exchange for or out of the proceeds from the sale of other shares of its common stock) unless, after giving effect to such dividend, distribution, purchase or acquisition, the aggregate amount of such dividends, distributions, purchases or acquisitions paid or made subsequent to December 31, 2005 (other than any dividend declared by the Company on or before December 31, 2005) does not exceed (without giving effect to (1) any such dividends, distributions, purchases or acquisitions or (2) any net transfers from earned surplus to stated capital accounts) the sum of (A) the aggregate amount credited subsequent to December 31, 2005 to earned surplus, (B) $250,000,000 and (C) such additional amounts as shall be authorized or approved, upon application by the Company and after notice, by the SEC under the Holding Company Act or by such other agency administering similarly applicable law. For the purpose of this Section, the aggregate amount credited subsequent to December 31, 2005 to earned surplus shall be determined in accordance with generally accepted accounting principles and practices (or, if in the opinion of the Company's independent public accountants (delivered to the Trustee), there is an absence of any such generally accepted accounting principles and practices as to the determination in question, then in accordance with sound accounting practices) and after making provision for dividends upon any preferred stock of the Company accumulated subsequent to such date, and in addition there shall be deducted from earned surplus all amounts (without duplication) of losses, write-offs, write-downs or amortization of property, whether extraordinary or otherwise, recorded in and applicable to a period or periods subsequent to December 31, 2005. Also for purposes of this Section, credits to earned surplus shall be determined without reference to and shall not include undistributed retained earnings of Subsidiaries. MISCELLANEOUS PROVISIONS

Appears in 1 contract

Samples: Supplemental Indenture (Entergy Mississippi Inc)

Dating of Bonds and Interest Payments. (a) Each bond Bond of the ____________ Eleventh Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond Bond of the ____________ Eleventh Series dated prior to ___________ __January 15, 20__, 2001 shall bear interest from ___________ __, 20__the date of original issuance thereof; and provided, further, that if any bond Bond of the ____________ Eleventh Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond Bond or bonds Bonds of the ______________ Eleventh Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __, 20__its date of original issuance, if no interest shall have been paid on the bonds Bonds of the ______________ Eleventh Series. . (b) Notwithstanding the foregoing, bonds Bonds of the ____________ Eleventh Series shall be dated so that the Person person in whose name any bond Bond of the ____________ Eleventh Series is registered at the close of business on the Business Day immediately preceding an interest payment date shall be entitled to receive the interest payable on the interest payment date notwithstanding the cancellation of such bond upon any transfer or exchange thereof subsequent to such close of business and prior to such interest payment date, except if, and to the extent that, the Company shall have defaulted default in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons persons in whose names Outstanding bonds Bonds of the __________ Eleventh Series are registered at the close of business on the Business Day day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance Any Bond of Paying Agentthe Eleventh Series issued upon any transfer or exchange subsequent to such close of business and prior to such interest payment date shall bear interest from such interest payment date. So long as any In the event there shall be more than one registered owner of Bonds of the Eleventh Series, then the Company shall not be required to make transfers or exchanges of bonds of the ___________ Series are Outstanding, the Company covenants that the office or agency said series for a period of the Company in the Borough fifteen (15) days next preceding any interest payment date of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONSsaid series.

Appears in 1 contract

Samples: Eighth Supplemental Indenture (System Energy Resources Inc)

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Dating of Bonds and Interest Payments. (a) Each bond of the ____________ Seventeenth Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the ____________ Seventeenth Series dated prior to ___________ __October 1, 20__1998, shall bear interest from ___________ __April 1, 20__1998; and provided, further, that if any bond of the ____________ Seventeenth Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Seventeenth Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __April 1, 20__, 1998 if no interest shall have been paid on the bonds of the ______________ Seventeenth Series. . (b) Notwithstanding the foregoing, bonds of the ____________ Seventeenth Series shall be dated so that the Person in whose name any bond of the ____________ Seventeenth Series is registered at the close of business on any record date for the Business Day immediately preceding an Seventeenth Series with respect to any interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the __________ Seventeenth Series are registered at the close of business on the Business Day day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying Agent. So long The term "record date for the Seventeenth Series," as used with respect to any bonds of interest payment date, shall mean the ___________ Series are Outstandingday immediately preceding such interest payment date, the Company covenants that the office whether or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of not a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONSbusiness day.

Appears in 1 contract

Samples: Twelfth Supplemental Indenture (Entergy Mississippi Inc)

Dating of Bonds and Interest Payments. (a) Each bond of the ____________ Eighteenth Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the ____________ Eighteenth Series dated prior to ___________ __November 1, 20__1999, shall bear interest from ___________ __May 4, 20__1999; and provided, further, that if any bond of the ____________ Eighteenth Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Eighteenth Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __May 4, 20__, 1999 if no interest shall have been paid on the bonds of the ______________ Eighteenth Series. . (b) Notwithstanding the foregoing, bonds of the ____________ Eighteenth Series shall be dated so that the Person in whose name any bond of the ____________ Eighteenth Series is registered at the close of business on any record date for the Business Day immediately preceding an Eighteenth Series with respect to any interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the __________ Eighteenth Series are registered at the close of business on the Business Day day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying Agent. So long The term "record date for the Eighteenth Series," as used with respect to any bonds of interest payment date, shall mean the ___________ Series are Outstandingday immediately preceding such interest payment date, the Company covenants that the office whether or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of not a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONSBusiness Day.

Appears in 1 contract

Samples: Thirteenth Supplemental Indenture (Entergy Mississippi Inc)

Dating of Bonds and Interest Payments. Each bond of the [____________ __] Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the [____________ __] Series dated prior to [___________ __], 20_200_, shall bear interest from ___________ __, 20__the date of original issuance; and provided, further, that if any bond of the [____________ __] Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the [______________ ] Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __, 20__, its date of original issuance if no interest shall have been paid on the bonds of the [______________ ] Series. Notwithstanding the foregoing, bonds of the [____________ __] Series shall be dated so that the Person in whose name any bond of the [____________ __] Series is registered at the close of business on the Business Day immediately preceding an interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the [__________ ____] Series are registered at the close of business on the Business Day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying AgentAgent . So long as any bonds of the [___________ ___] Series are Outstanding, the Company covenants that the office or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further AssurancesAssurances . From time to time whenever reasonably requested by the Trustee or the holders of a majority in aggregate principal amount of the bonds of the [_____________ _] Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. Limitation on Restricted Payments. So long as any bonds of the [_____________] Series are Outstanding, the Company covenants that it will not declare any dividends on its common stock (other than (1) a dividend payable solely in shares of its common stock or (2) a dividend payable in cash in cases where, concurrently with the payment of such dividend, an amount in cash equal to such dividend is received by the Company as a capital contribution or as the proceeds of the issue and sale of shares of its common stock) or make any distribution on outstanding shares of its common stock or purchase or otherwise acquire for value any outstanding shares of its common stock (otherwise than in exchange for or out of the proceeds from the sale of other shares of its common stock) unless, after giving effect to such dividend, distribution, purchase or acquisition, the aggregate amount of such dividends, distributions, purchases or acquisitions paid or made subsequent to [__________], 200_ (other than any dividend declared by the Company on or before [________], 200_) does not exceed (without giving effect to (1) any such dividends, distributions, purchases or acquisitions or (2) any net transfers from earned surplus to stated capital accounts) the sum of (A) the aggregate amount credited subsequent to [________], 200_ to earned surplus, (B) $250,000,000 and (C) such additional amounts as shall be authorized or approved, upon application by the Company and after notice, by the SEC under the Holding Company Act. For the purpose of this Section, the aggregate amount credited subsequent to [_________], 200_ to earned surplus shall be determined in accordance with generally accepted accounting principles and practices (or, if in the opinion of the Company's independent public accountants (delivered to the Trustee), there is an absence of any such generally accepted accounting principles and practices as to the determination in question, then in accordance with sound accounting practices) and after making provision for dividends upon any preferred stock of the Company accumulated subsequent to such date, and in addition there shall be deducted from earned surplus all amounts (without duplication) of losses, write-offs, write-downs or amortization of property, whether extraordinary or otherwise, recorded in and applicable to a period or periods subsequent to [__________], 200_. Also for purposes of this Section, credits to earned surplus shall be determined without reference to and shall not include undistributed retained earnings of Subsidiaries. MISCELLANEOUS PROVISIONS

Appears in 1 contract

Samples: Supplemental Indenture (Entergy Mississippi Inc)

Dating of Bonds and Interest Payments. (a) Each bond of the ____________ Nineteenth Series shall be dated as of the date of authentication and shall bear interest from the last preceding interest payment date to which interest shall have been paid (unless the date of such bond is an interest payment date to which interest is paid, in which case from the date of such bond); provided that each bond of the ____________ Nineteenth Series dated prior to ___________ __August 1, 20__1999, shall bear interest from ___________ __May 4, 20__1999; and provided, further, that if any bond of the ____________ Nineteenth Series shall be authenticated and delivered upon a transfer of, or in exchange for or in lieu of, any other bond or bonds of the ______________ Nineteenth Series upon which interest is in default, it shall be dated so that such bond shall bear interest from the last preceding date to which interest shall have been paid on the bond or bonds in respect of which such bond shall have been delivered or from ___________ __May 4, 20__, 1999 if no interest shall have been paid on the bonds of the ______________ Nineteenth Series. . (b) Notwithstanding the foregoing, bonds of the ____________ Nineteenth Series shall be dated so that the Person in whose name any bond of the ____________ Nineteenth Series is registered at the close of business on any record date for the Business Day immediately preceding an Nineteenth Series with respect to any interest payment date shall be entitled to receive the interest payable on the interest payment date, except if, and to the extent that, the Company shall have defaulted in the payment of the interest due on such interest payment date, in which case such defaulted interest shall be paid to the Persons in whose names Outstanding bonds of the __________ Nineteenth Series are registered at the close of business on the Business Day day immediately preceding the date of payment of such defaulted interest. COVENANTS Maintenance of Paying Agent. So long The term "record date for the Nineteenth Series," as used with respect to any bonds of interest payment date, shall mean the ___________ Series are Outstandingday immediately preceding such interest payment date, the Company covenants that the office whether or agency of the Company in the Borough of Manhattan, The City of New York, New York where the principal of and premium, if any, or interest on any bonds of such series shall be payable shall also be an office or agency where any such bonds may be transferred or exchanged and where notices, presentations or demands to or upon the Company in respect of such bonds or in respect of the Indenture may be given or made. Further Assurances. From time to time whenever reasonably requested by the Trustee or the holders of not a majority in aggregate principal amount of the bonds of the _____________ Series then Outstanding, the Company will make, execute and deliver or cause to be made, executed and delivered any and all such further and other instruments and assurances as may be reasonably necessary or proper to carry out the intention of or to facilitate the performance of the terms of the Indenture or to secure the rights and remedies of the holders of such bonds. MISCELLANEOUS PROVISIONSBusiness Day.

Appears in 1 contract

Samples: Thirteenth Supplemental Indenture (Entergy Mississippi Inc)

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