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 [_________], 200_, shall bear interest from 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 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 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. 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: Entergy Mississippi Inc

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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 [_________]__ __, 20020__, shall bear interest from the date of original issuance___________ __, 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 its date of original issuance ___________ __, 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 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 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. 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: Indenture (Entergy Mississippi Inc)

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, 200_2006, shall bear interest from the date of original issuanceJanuary 18, 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 its date of original issuance January 18, 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 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 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, 200_ 2005 (other than any dividend declared by the Company on or before [________]December 31, 200_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, 200_ 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 ActAct or by such other agency administering similarly applicable law. For the purpose of this Section, the aggregate amount credited subsequent to [_________]December 31, 200_ 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, 200_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)

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Dating of Bonds and Interest Payments. Each bond of the [_____________] Twenty-eighth 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 [_____________] Twenty-eighth Series dated prior to [_________]October 1, 200_2004, shall bear interest from the date of original issuance; and provided, further, that if any bond of the [_____________] Twenty-eighth 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 [_____________] Twenty-eighth 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 its date of original issuance if no interest shall have been paid on the bonds of the [_____________] Twenty-eighth Series. Notwithstanding the foregoing, bonds of the [_____________] Twenty-eighth Series shall be dated so that the Person in whose name any bond of the [_____________] Twenty-eighth 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 [_____________] Twenty-eighth 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 [_____________] Twenty-eighth 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 [_____________] Twenty-eighth 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. Payments So long as any bonds of the [_____________] Twenty-eighth 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 [__________]February 29, 200_ 2004 (other than any dividend declared by the Company on or before [________]February 29, 200_2004) 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 [________]February 29, 200_ 2004 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 [_________]February 29, 200_ 2004 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 [__________]February 29, 200_2004. 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)

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