Common use of Defaulted Interest Clause in Contracts

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 23 contracts

Samples: Indenture (Match Group, Inc.), Indenture (Cable One, Inc.), Indenture (ANGI Homeservices Inc.)

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Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 21 contracts

Samples: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.), Indenture (M I Homes Inc)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Company shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 16 contracts

Samples: Indenture (Alliance Data Systems Corp), Indenture (Fti Consulting Inc), Indenture (Alliance Data Systems Corp)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Company shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 8 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/), Indenture (Imc Global Inc)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 15 days before such special record date, the Company shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 7 contracts

Samples: Indenture (Carpenter W R North America Inc), Indenture (FMC Corp), Indenture (Glasstech Inc)

Defaulted Interest. If the Issuer Company defaults on in a payment of interest on the Notes, it shall pay the defaulted interestinterest in any lawful manner plus, plus (to the extent permitted by law) any lawful, interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on the record date for the interest payment or a subsequent special record date, which date shall be in each case at least five Business Days prior to the payment daterate provided in the Notes and in Section 4.01. The Issuer 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. The Company shall fix or cause to be fixed each such special record date and payment date; provided that no such special record date in a manner satisfactory shall be less than 10 days prior to the Trusteerelated payment date for such defaulted interest. The Issuer At least 15 days before the special record date, the Company (or, upon the written request of the Company, the Trustee in the name and at the expense of the Company) shall promptly mail or cause to each Holder of such Notes be mailed to Holders a notice that states the special record date, the related payment date and the amount of defaulted interest, and such interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed andlisted, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 6 contracts

Samples: Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.), Indenture (Laredo Petroleum, Inc.)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 6 contracts

Samples: Indenture (Phibro Animal Health Corp), Indenture (Affiliate Investment, Inc.), Indenture (Gsi Group Inc)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail mail, or, in the case of Notes held in book-entry form, send by electronic transmission to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 5 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Notes, it shall pay the defaulted interestinterest in any lawful manner, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with paragraph 1 of the terms hereofNotes, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Company shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 5 contracts

Samples: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interestinterest in any lawful manner, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with paragraph 1 of the terms hereofNotes, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 4 contracts

Samples: Indenture (Ipsco Inc), Indenture (Massey Energy Co), Indenture (Massey Energy Co)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five 5 Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Company shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 3 contracts

Samples: Indenture (Atlantic Broadband Management, LLC), Indenture (Language Line Costa Rica, LLC), Indenture (Language Line Holdings, Inc.)

Defaulted Interest. If the Issuer defaults on Issuers default in a payment of interest on the NotesSecurities, it the Issuers shall pay the defaulted interest, interest (plus (interest on such defaulted interest to the extent permitted by lawlawful) in any interest payable on lawful manner. The Issuers shall pay the defaulted interestinterest to, in accordance with the terms hereofcase of Definitive Securities, to the Persons who are Holders Securityholders or, in the case of such Notes a Global Security, to the Holder thereof on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix or cause to be fixed any such special record date and payment date in a manner satisfactory to the Trustee. The Issuer reasonable satisfaction of the Trustee and shall promptly mail or cause to be mailed to each Holder of such Notes Securityholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes Securities may be listed andlisted, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentenceparagraph, such manner of payment shall be deemed practicable by the Trustee.

Appears in 3 contracts

Samples: Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD), Indenture (NSM Steel Co LTD)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five ten Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 15 days before such special record date, the Company shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on such defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed andlisted, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentenceparagraph, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Mettler Toledo Holding Inc), Indenture (Mettler Toledo Holding Inc)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Senior Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Company shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Senior Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Donnelley R H Inc), Indenture (Donnelley R H Inc)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer Issuers shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Trilogy International Partners Inc.), Indenture (Alignvest Acquisition Corp)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it then the Issuer shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory and provide the Trustee at least 20 days written notice of the proposed amount of defaulted interest to be paid and the Trustee. The special payment date and at the same time the Issuer shall promptly deposit with the Trustee the aggregate amount proposed to be paid in respect of such defaulted interest. At least 15 days before such special record date, the Issuer shall mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Canwest Media Inc), Indenture (Canwest Media Inc)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the NotesSecurities, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Company shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes Securities may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (C&d Technologies Inc), Indenture (C&d Technologies Inc)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date and provide the Trustee at least 20 days notice of the proposed amount of defaulted interest to be paid and the special payment date and at the same time the Issuers shall deposit with the Trustee the aggregate amount proposed to be paid in a manner satisfactory to respect of such defaulted interest. At least 15 days before such special record date, the Trustee. The Issuer Issuers shall promptly mail to each Holder of such Notes noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Coaxial LLC), Indenture (Insight Communications of Central Ohio LLC)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer shall promptly mail send to each Holder of such Notes (with a copy to the Trustee) a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (News Corp), Indenture (News Corp)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms pursuant to Section 4.01 hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date and provide the Trustee at least 20 days notice of the proposed amount of defaulted interest to be paid and the special payment date and at the same time the Issuers shall deposit with the Trustee the aggregate amount proposed to be paid in a manner satisfactory to respect of such defaulted interest. At least 15 days before such special record date, the Trustee. The Issuer Issuers shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Target Directories of Michigan Inc), Indenture (TWP Capital Corp Ii)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Issuers shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Ashton Woods USA L.L.C.), Indenture (Ashton Houston Residential L.L.C.)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer shall promptly mail or electronically deliver to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 2 contracts

Samples: Indenture (Sears Holdings Corp), Indenture (Sears Holdings Corp)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (River Marine Terminals Inc)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms pursuant to Section 4.01 hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date and provide the Trustee at least 20 days notice of the proposed amount of defaulted interest to be paid and the special payment 52 -43- date and at the same time the Issuers shall deposit with the Trustee the aggregate amount proposed to be paid in a manner satisfactory to respect of such defaulted interest. At least 15 days before such special record date, the Trustee. The Issuer Issuers shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Transwestern Holdings Lp)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms pursuant to Section 4.01 hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory and provide the Trustee at least 20 days notice of the proposed amount of defaulted interest to be paid and the Trustee. The special payment date and at the same time the Issuer shall promptly deposit with the Trustee the aggregate amount proposed to be paid in respect of such defaulted interest. At least 15 days before such special record date, the Issuer shall mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (United Industries Corp)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it then the Issuer shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory and pro- vide the Trustee at least 20 days written notice of the proposed amount of defaulted interest to be paid and the Trustee. The special payment date and at the same time the Issuer shall promptly deposit with the Trustee the aggregate amount proposed to be paid in respect of such defaulted interest. At least 15 days before such special record date, the Issuer shall mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Canwest Media Inc)

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Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Note Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Note Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Note Trustee.

Appears in 1 contract

Samples: Indenture (LYON EAST GARRISON Co I, LLC)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest on overdue installments of interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms pursuant to Section 4.01 hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest on overdue interest, and interest payable on defaulted interest, if any, to be paid. The Issuer shall fix such special record date and payment date and provide the Trustee at least 20 days notice of the proposed amount of interest on overdue interest and interest payable on defaulted interest, if any, to be paid and the special payment date and at the same time the Issuers shall deposit with the Trustee the aggregate amount of cash proposed to be paid in respect of such interest and defaulted interest. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Oro Spanish Broadcasting Inc)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.. Table of Contents

Appears in 1 contract

Samples: Indenture (Amsurg Corp)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.of

Appears in 1 contract

Samples: Indenture (Matria Healthcare Inc)

Defaulted Interest. If the Issuer defaults on in a payment of interest on the Notes, it shall will pay the defaulted interestinterest in any lawful manner plus, plus (to the extent permitted by law) any lawful, interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be in each case at least five Business Days prior to the payment daterate provided in the Notes and in Section 4.01 hereof. The Issuer shall will 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. The Issuer will fix or cause to be fixed each such special record date and payment date; provided that no such special record date in a manner satisfactory may be less than 10 days prior to the Trusteerelated payment date for such defaulted interest. The At least 15 days before the special record date, the Issuer shall promptly (or, upon the written request of the Issuer, the Trustee in the name and at the expense of the Issuer) will mail or cause to each Holder of such Notes be mailed to Holders a notice that states the special record date, the related payment date and the amount of defaulted interest, and such interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (LPL Investment Holdings Inc.)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer shall promptly mail to notify each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (QVC Inc)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with each case as provided in the terms Notes and in Sections 2.16 and 4.01 hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Elk Horn Coal Co LLC)

Defaulted Interest. If the Issuer defaults on a payment of interest on the NotesNotes of any series, it shall pay the defaulted interestinterest in any lawful manner, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with paragraph 1 of the terms hereofapplicable Notes, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes of any series may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (3019693 Nova Scotia U.L.C.)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the Notes, when the same becomes due and payable and such nonpayment continues for a period of 30 days, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix At least 10 days before such special record date and payment date in a manner satisfactory to date, the Trustee. The Issuer Company shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (CEB Inc.)

Defaulted Interest. If the Issuer Company defaults on a payment of interest on the NotesSecurities, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Company shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Company shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Company may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes Securities may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee. (if applicable) of any securities exchange on which the Securities may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Company to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Purchase Agreement (C&d Technologies Inc)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer At least 10 days before such special record date, the Issuers shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Portrait Corp of America, Inc.)

Defaulted Interest. If the Issuer defaults on a payment of interest or Additional Interest, if any, on the Discount Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least 10 days before such special record date, the Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Discount Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Idleaire Technologies Corp)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms pursuant to Section 4.1 hereof, to the Persons who are Holders of such Notes Noteholders on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date and provide the Trustee at least 20 days notice of the proposed amount of defaulted interest to be paid and the special payment date and at the same time the Issuers shall deposit with the Trustee the aggregate amount proposed to be paid in a manner satisfactory to respect of such defaulted interest. At least 15 days before such special record date, the Trustee. The Issuer Issuers shall promptly mail to each Holder of such Notes Noteholder a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Aoa Capital Corp)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer Issuers shall promptly mail send to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Trilogy International Partners Inc.)

Defaulted Interest. If the Issuer defaults on a payment of interest on the Notes, it shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer shall fix such special record date and payment date in a manner satisfactory to the Trustee. The At least ten days before such special record date, the Issuer shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Spansion Inc.)

Defaulted Interest. If the Issuer defaults Issuers default on a payment of interest on the Notes, it they shall pay the defaulted interest, plus (to the extent permitted by law) any interest payable on the defaulted interest, in accordance with the terms hereof, to the Persons who are Holders of such Notes on a subsequent special record date, which date shall be at least five Business Days prior to the payment date. The Issuer Issuers shall fix such special record date and payment date in a manner satisfactory to the Trustee. The Issuer Issuers shall promptly mail to each Holder of such Notes a notice that states the special record date, the payment date and the amount of defaulted interest, and interest payable on defaulted interest, if any, to be paid. The Issuer Issuers may make payment of any defaulted interest in any other lawful manner not inconsistent with the requirements (if applicable) of any securities exchange on which the Notes may be listed and, upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this sentence, such manner of payment shall be deemed practicable by the Trustee.

Appears in 1 contract

Samples: Indenture (Starz, LLC)

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