Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04, (1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held, (2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and (3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it. (b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. (c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such action. (d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 7 contracts
Samples: Senior Indenture (Achieve Life Sciences, Inc.), Senior Indenture (Biolife Solutions Inc), Senior Indenture (Oncogenex Pharmaceuticals, Inc.)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Subordinated Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Subordinated Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Subordinated Securities of such series) in trust for the benefit of the Holders of the Subordinated Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Subordinated Securities of such series) to make any payment of the principal of or interest on the Subordinated Securities of such series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Subordinated Securities of any series, it will, prior to each due date of the principal of or any interest on the Subordinated Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Subordinated Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Subordinated Securities of any series, it will, on or before each due date of the principal of or interest on the Subordinated Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Subordinated Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Subordinated Indenture with respect to one or more or all series of Subordinated Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 6 contracts
Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Subordinated Indenture (Biolife Solutions Inc), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)
Duties of Paying Agent. (a) If the The Company shall appoint a will cause each Paying Agent for the Debt Securities of any series other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,:
(1a) that it will hold all sums held by it as such agent for the payment of the principal of or interestof, premium, if any, or interest on the Debt Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Debt Securities of such series) in trust for the benefit of the Holders holders of the Debt Securities entitled to of such principal or interest and will notify the Trustee of the receipt of sums to be so held,series;
(2b) that it will give the Trustee written notice of any failure by the Company (or by any other obligor on the Debt Securities of such series) to make any payment of the principal of of, premium, if any, or interest on the Debt Securities of such series when the same shall be due and payable, ; and
(3c) that it will will, at any time during the continuance of any Event of DefaultDefault with respect to such series, upon the written request of the Trustee, deliver forthwith pay to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) Agent. If the Company shall act acts as its own Paying Agent with respect to for the Debt Securities of any series, it will, on or before each due date of the principal of of, premium, if any, or interest on the Debt Securities of such series, set aside, aside and segregate and hold in trust for the benefit of the Holders holders of the Debt Securities of such series a sum sufficient to pay such principal, premium, if any, or interest and will notify the Trustee of such action or any failure to take such action. Whenever the Company shall have one or more Paying Agents for any series of Debt Securities, it will, on or before each due date of the principal of, premium, if any, or interest on any Debt Securities of such series, deposit with the Paying Agent or Agents for the Debt Securities of such series a sum, by 10:00 a.m. New York time in immediately available funds on the payment date, sufficient to pay the principal, premium, if any, or interest so becoming due. The due with respect to the Debt Securities of such series, and (unless such paying agent is the Trustee) the Company will promptly notify the Trustee in writing of any failure so to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the act. The Company may, may at any time, for the purpose of obtaining a the satisfaction and discharge of this Indenture with respect to the Debt Securities of one or more or all series of Securities hereunder, or for any other reasonpurpose, pay pay, or cause by Company order direct any Paying Agent for such series to be paid pay, to the Trustee all sums held in trust for by the Company or such series by itPaying Agent, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such payment. Anything in this Section 4.7 to the contrary notwithstanding, the agreement to hold sums in trust herein containedas provided in this Section 4.7 shall be subject to the provisions of Section 6.3.
Appears in 6 contracts
Samples: Indenture, Indenture (Constellation Brands, Inc.), Indenture (Constellation Brands, Inc.)
Duties of Paying Agent. (a) If the The Company shall appoint a will cause each Paying Agent for the Debt Securities of any series other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,:
(1a) that it will hold all sums held by it as such agent for the payment of the principal of or interestof, premium, if any, or interest on the Debt Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Debt Securities of such series) in trust for the benefit of the Holders holders of the Debt Securities entitled to of such principal or interest and will notify the Trustee of the receipt of sums to be so held,series;
(2b) that it will give the Trustee written notice of any failure by the Company (or by any other obligor on the Debt Securities of such series) to make any payment of the principal of of, premium, if any, or interest on the Debt Securities of such series when the same shall be due and payable, ; and
(3c) that it will will, at any time during the continuance of any Event of DefaultDefault with respect to such series, upon the written request of the Trustee, deliver forthwith pay to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) Agent. If the Company shall act acts as its own Paying Agent with respect to for the Debt Securities of any series, it will, on or before each due date of the principal of of, premium, if any, or interest on the Debt Securities of such series, set aside, aside and segregate and hold in trust for the benefit of the Holders holders of the Debt Securities of such series a sum sufficient to pay such principal, premium, if any, or interest and will notify the Trustee of such action or any failure to take such action. Whenever the Company shall have one or more Paying Agents for any series of Debt Securities, it will, on or before each due date of the principal of, premium, if any, or interest on any Debt Securities of such series, deposit with the Paying Agent or Agents for the Debt Securities of such series a sum, by 10:00 a.m. New York time in immediately available funds on the payment date, sufficient to pay the principal, premium, if any, or interest so becoming due. The due with respect to the Debt Securities of such series, and (unless such paying agent is the Trustee) the Company will promptly notify the Trustee in writing of any failure so to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the act. The Company may, may at any time, for the purpose of obtaining a the satisfaction and discharge of this Indenture with respect to the Debt Securities of one or more or all series of Securities hereunder, or for any other reasonpurpose, pay pay, or cause by Company order direct any Paying Agent for such series to be paid pay, to the Trustee all sums held in trust for by the Company or such series by itPaying Agent, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such payment. Anything in this Section 4.8 to the contrary notwithstanding, the agreement to hold sums in trust herein containedas provided in this Section 4.8 shall be subject to the provisions of Section 6.3.
Appears in 5 contracts
Samples: Indenture (Constellation International Holdings LTD), Indenture Agreement (Constellation Australia Pty LTD), Indenture (Canandaigua LTD)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Subordinated Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Subordinated Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Subordinated Securities of such series) in trust for the benefit of the Holders of the Subordinated Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Subordinated Securities of such series) to make any payment of the principal of or interest on the Subordinated Securities of such series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Subordinated Securities of any series, it will, prior to each due date of the principal of or any interest on the Subordinated Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Subordinated Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Subordinated Securities of any series, it will, on or before each due date of the principal of or interest on the Subordinated Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Subordinated Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Subordinated Indenture with respect to one or more or all series of Subordinated Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 4 contracts
Samples: Subordinated Indenture (Covad Communications Group Inc), Subordinated Indenture (Transmeta Corp), Subordinated Indenture (Lexar Media Inc)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.3,
(1i) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2ii) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3iii) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities of such series entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained; and upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such sums.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.3 and 12.4.
Appears in 3 contracts
Samples: Indenture (Markel Corp), Indenture (Dominion CNG Capital Trust Ii), Indenture (Consolidated Natural Gas Co/Va)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any seriesSeries, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 11.05 and Section 11.0412.05,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or premium, if any or interest, if any, on the Securities of such series Series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such seriesSeries) in trust for the benefit of the Holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any seriesSeries, it will, prior to each due date of the principal of or any interest on the Securities of such seriesSeries, deposit with a Paying Agent of such series Series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any seriesSeries, it will, on or before each due date Stated Maturity of the principal of or any interest on the Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such Series to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, action and will at any timetime during the continuance of any Event of Default, for upon the purpose written request of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunderthe Trustee, or for any other reason, pay or cause to be paid deliver to the Trustee all sums so held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 3 contracts
Samples: Indenture (Chevron Funding Corp), Indenture (Chevron Canada Capital Co), Indenture (Chevron Canada Capital Co)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.03,
(1) that That it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that That it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3) that That it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining obtain a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.03 and 12.04.
Appears in 3 contracts
Samples: Indenture (Bear Stearns Companies Inc), Indenture (Bear Stearns Capital Trust V), Indenture (Bear Stearns Capital Trust I)
Duties of Paying Agent. (a) If the Company shall appoint a ---------------------- Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04SECTION 12.03,
(1) that That it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that That it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3) that That it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities of such series entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of SECTIONS 12.03 and 12.04.
Appears in 2 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc)
Duties of Paying Agent. (a) If the The Company shall appoint a will cause each Paying Agent for the Debt Securities of any series other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,:
(1a) that it will hold all sums held by it as such agent for the payment of the principal of or interestPrincipal of, premium, if any, make-whole amount, if any, or interest on the Debt Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Debt Securities of such series) in trust for the benefit of the Holders of the Debt Securities entitled to of such principal or interest and will notify the Trustee of the receipt of sums to be so held,series;
(2b) that it will give the Trustee written notice of any failure by the Company (or by any other obligor on the Debt Securities of such series) to make any payment of the principal of Principal of, premium, if any, make-whole amount, if any, or interest on the Debt Securities of such series when the same shall be due and payable, ; and
(3c) that it will will, at any time during the continuance of any Event of DefaultDefault with respect to such series, upon the written request of the Trustee, deliver forthwith pay to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) Agent. If the Company shall act acts as its own Paying Agent with respect to for the Debt Securities of any series, it will, on or before each due date of the principal of Principal of, premium, if any, make-whole amount, if any, or interest on the Debt Securities of such series, set aside, aside and segregate and hold in trust for the benefit of the Holders of the Debt Securities of such series a sum sufficient to pay such principal principal, premium, if any, make-whole amount, if any, or interest and will notify the Trustee, in writing, of such action or any failure to take such action. Whenever the Company shall have one or more Paying Agents for any series of Debt Securities, it will, on or before each due date of the Principal of, premium, if any, make-whole amount, if any, or interest on any Debt Securities of such series, deposit with the Paying Agent or Agents for the Debt Securities of such series a sum, by 10:00 a.m. New York City time in immediately available funds on the payment date, sufficient to pay the principal, premium, if any, make-whole amount, if any, or interest so becoming due. The due with respect to the Debt Securities of such series, and (unless such paying agent is the Trustee) the Company will promptly notify the Trustee in writing of any failure so to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the act. The Company may, may at any time, for the purpose of obtaining a the satisfaction and discharge of this Indenture with respect to the Debt Securities of one or more or all series of Securities hereunder, or for any other reasonpurpose, pay pay, or cause by Company order direct any Paying Agent for such series to be paid pay, to the Trustee all sums held in trust for by the Company or such series by itPaying Agent, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such payment. Anything in this Section 4.8 to the contrary notwithstanding, the agreement to hold sums in trust herein containedas provided in this Section 4.8 shall be subject to the provisions of Section 6.3.
Appears in 2 contracts
Samples: Indenture (Omnova Solutions Inc), Indenture (Omnova Solutions Inc)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 1 contract
Duties of Paying Agent. (a) If Pursuant to Section 1 of the Company shall appoint a Paying Agent Agreement, the Sellers have appointed Robexx Xxx xxx Chrixxxxxxx Xxxx, xx each of them alone, as paying agent to act as their agent, attorney-in-fact and representative under, among other than agreements, the Trustee with respect Stock Purchase Agreement and this Agreement for the purposes set forth in said Section 1. Subject to Securities the terms and conditions of any series, it will cause such the Paying Agent Agreement, the Paying Agent has the power, without limitation, to execute take any and all actions which may be required or permitted by the Paying Agent on behalf of Manugistics or the Sellers under this Agreement, to execute, deliver and disseminate any notice or other document required by this Agreement and to perform all other acts required or which the Trustee an instrument Paying Agent deems advisable in which such agent shall agree connection with carrying out the Trustee, subject to the provisions purpose and intent of this Section 4.05 and Section 11.04,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by itClosing Agreement.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date Without limitation of the principal foregoing, and by way of or any interest on example only, the Securities of such series, deposit with a Paying Agent is authorized and directed to take the following actions under this Agreement on behalf of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust and for the benefit of Manugistics and each Seller:
(i) to select legal counsel for the Holders Sellers pursuant to Section 1(m) hereof;
(ii) to make, send or receive written requests or certificates and make or cause any other communications to or from Manugistics or the Sellers pursuant to Sections 2, 4, 5, 10 and 12 of Securities entitled this Agreement;
(iii) to receive notices and documents from Manugistics pursuant to Section 4(a), (e), (f), Section 9(c) and Section 10(c) hereof, which the Paying Agent shall promptly forward or transmit to such principal or interestSeller; and
(iv) to provide promptly to Manugistics all notices and information furnished by such Seller pursuant to Section 5, Section 8(c) and (unless such Paying Agent is the Trusteed) the Company will promptly notify the Trustee of its action or failure so to actand Section 9(c) hereof.
(c) If the Company shall act as its own The Paying Agent with respect shall promptly disseminate to all Sellers as many Prospectuses as reasonably necessary and required from time to time under applicable securities laws during the Applicable Period. Manugistics shall bear the expenses of printing and production of such Prospectuses and dissemination thereof to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such actionSellers.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 1 contract
Samples: Registration Rights Agreement (Manugistics Group Inc)
Duties of Paying Agent. (a) If the Company Corporation shall appoint a Paying Agent other than the Trustee with respect to Subordinated Securities of any seriesSeries, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 4.6 and Section 11.0411.5,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Subordinated Securities of such series Series (whether such sums have been paid to it by the Company Corporation or by any other obligor on the Subordinated Securities of such seriesSeries) in trust for the benefit of the Holders of the Subordinated Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company Corporation (or by any other obligor on the Subordinated Securities of such seriesSeries) to make any payment of the principal of or interest on the Subordinated Securities of such series Series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company Corporation shall have one or more Paying Agents with respect to the Subordinated Securities of any seriesSeries, it will, prior to each due date of the principal of or any interest on the Subordinated Securities of such seriesSeries, deposit with a Paying Agent of such series Series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Subordinated Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company Corporation will promptly notify the Trustee of its action or failure so to act.
(c) If the Company Corporation shall act as its own Paying Agent with respect to the Subordinated Securities of any seriesSeries, it will, on or before each due date Stated Maturity of the principal of or any interest on the Subordinated Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the Holders of the Subordinated Securities of such series Series, a sum sufficient to pay such principal or and any interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Subordinated Securities of such Series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 4.6 to the contrary notwithstanding, the Company Corporation may, at any time, for the purpose of obtaining a satisfaction and discharge of this Subordinated Indenture with respect to one or more or all series Series of Subordinated Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series Series by it, or any Paying Agent hereunder, as required by this Section 4.054.6, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 1 contract
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.3,
(1i) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2ii) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3iii) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities a Security of such seriesseries (except as provided in Section 3.2), deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities of such series entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.3 and 12.4.
Appears in 1 contract
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.3,
(1i) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2ii) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3iii) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, on or prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities of such series entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.3 and 12.4.
Appears in 1 contract
Duties of Paying Agent. (a) If the Company Corporation shall appoint a Paying Agent other than the Trustee with respect to Securities of any seriesSeries, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 4.5 and Section 11.0411.5,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series Series (whether such sums have been paid to it by the Company Corporation or by any other obligor on the Securities of such seriesSeries) in trust for the benefit of the Holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company Corporation (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company Corporation shall have one or more Paying Agents with respect to the Securities of any seriesSeries, it will, prior to each due date of the principal of or any interest on the Securities of such seriesSeries, deposit with a Paying Agent of such series Series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company Corporation will promptly notify the Trustee of its action or failure so to act.
(c) If the Company Corporation shall act as its own Paying Agent with respect to the Securities of any seriesSeries, it will, on or before each due date Stated Maturity of the principal of or any interest on the Securities of such seriesSeries, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series Series, a sum sufficient to pay such principal or and any interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such Series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 4.5 to the contrary notwithstanding, the Company Corporation may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series Series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series Series by it, or any Paying Agent hereunder, as required by this Section 4.054.5, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 1 contract
Samples: Indenture (Providian Financing Iv)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Subordinated Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Subordinated Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Subordinated Securities of such series) in trust for the benefit of the Holders of the Subordinated Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Subordinated Securities of such series) to make any payment of the principal of or interest on the Subordinated Securities of such series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Subordinated Securities of any series, it will, prior to each due date of the principal of or any interest and premium on the Subordinated Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Subordinated Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Subordinated Securities of any series, it will, on or before each due date of the principal of or interest on the Subordinated Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Subordinated Securities of such series or the Coupons appertaining thereto a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Subordinated Indenture with respect to one or more or all series of Subordinated Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 1 contract
Samples: Subordinated Indenture (Flextronics International LTD)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.3,
(1i) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2ii) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3iii) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities of such series entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.3 and 12.4.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Dominion Resources Inc /Va/)
Duties of Paying Agent. (a) If the The Company shall appoint a will cause each Paying Agent for the Debt Securities of any series other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.04,:
(1a) that it will hold all sums held by it as such agent for the payment of the principal of or interestPrincipal of, premium, if any, make-whole amount, if any, or interest on the Debt Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Debt Securities of such series) in trust for the benefit of the Holders of the Debt Securities entitled to of such principal or interest and will notify the Trustee of the receipt of sums to be so held,series;
(2b) that it will give the Trustee written notice of any failure by the Company (or by any other obligor on the Debt Securities of such series) to make any payment of the principal of Principal of, premium, if any, make-whole amount, if any, or interest on the Debt Securities of such series when the same shall be due and payable, ; and
(3c) that it will will, at any time during the continuance of any Event of DefaultDefault with respect to such series, upon the written request of the Trustee, deliver forthwith pay to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) Agent. If the Company shall act acts as its own Paying Agent with respect to for the Debt Securities of any series, it will, on or before each due date of the principal of Principal of, premium, if any, make-whole amount, if any, or interest on the Debt Securities of such series, set aside, aside and segregate and hold in trust for the benefit of the Holders of the Debt Securities of such series a sum sufficient to pay such principal Principal, premium, if any, make-whole amount, if any, or interest and will notify the Trustee, in writing, of such action or any failure to take such action. Whenever the Company shall have one or more Paying Agents for any series of Debt Securities, it will, on or before each due date of the Principal of, premium, if any, make-whole amount, if any, or interest on any Debt Securities of such series, deposit with the Paying Agent or Agents for the Debt Securities of such series a sum, by 10:00 a.m., New York City time, in immediately available funds on the payment date, sufficient to pay the Principal, premium, if any, make-whole amount, if any, or interest so becoming due. The due with respect to the Debt Securities of such series, and (unless such paying agent is the Trustee) the Company will promptly notify the Trustee in writing of any failure so to take such action.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the act. The Company may, may at any time, for the purpose of obtaining a the satisfaction and discharge of this Indenture with respect to the Debt Securities of one or more or all series of Securities hereunder, or for any other reasonpurpose, pay pay, or cause by Company Order direct any Paying Agent for such series to be paid pay, to the Trustee all sums held in trust for by the Company or such series by itPaying Agent, or any Paying Agent hereunder, as required by this Section 4.05, and such sums are to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such payment. Anything in this Section 4.8 to the contrary notwithstanding, the agreement to hold sums in trust herein containedas provided in this Section 4.8 shall be subject to the provisions of Section 6.3.
Appears in 1 contract
Samples: Indenture (Park Ohio Holdings Corp)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent Paying Agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.03,
(1) that That it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that That it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3) that That it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities of such series entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.03 and 12.04.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.03,
(1) that That it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that That it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3) that That it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any series, it will, prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.03 and 12.04.
Appears in 1 contract
Samples: Indenture (Wells Fargo Capital Iii)
Duties of Paying Agent. (a) If the Company Corporation shall appoint a Paying Agent other than the U.S. Trustee with respect to Securities of any series, it will cause such Paying Agent to execute and deliver to the U.S. Trustee an instrument in which such agent Paying Agent shall agree with the U.S. Trustee, subject to the provisions of this Section 4.05 and Section 11.0412.3,
(1i) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series (whether such sums have been paid to it by the Company Corporation or by any other obligor on the Securities of such series) in trust for the benefit of the Holders holders of the Securities of such series entitled to such principal or interest and will notify the U.S. Trustee of the receipt of sums to be so held,
(2ii) that it will give the U.S. Trustee notice of any failure by the Company Corporation (or by any other obligor on the Securities of such series) to make any payment of the principal of or interest on the Securities of such series when the same shall be due and payable, and
(3iii) that it will at any time during the continuance of any Event of Default, upon the written request of the U.S. Trustee, deliver to the U.S. Trustee all sums so held in trust by it.
(b) Whenever the Company Corporation shall have one or more Paying Agents with respect to the Securities of any series, it will, on or prior to each due date of the principal of or any interest on the Securities a Security of such series, deposit with a Paying Agent of such series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders holders of Securities of such series entitled to such principal or interest, and (unless such Paying Agent is the U.S. Trustee) the Company Corporation will promptly notify the U.S. Trustee of its action or failure so to act.
(c) If the Company Corporation shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or any interest on the Securities a Security of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities holder of such series Security, a sum sufficient to pay such principal or interest so becoming due. The Company due and will promptly notify the U.S. Trustee of such action, or any failure by it or any other obligor on the Securities of such series to take such actionaction and will at any time during the continuance of any Event of Default, upon the written request of the U.S. Trustee, deliver to the U.S. Trustee all sums so held in trust by it.
(d) Anything in this Section 4.05 to the contrary notwithstanding, the Company Corporation may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series of Securities hereunder, or for any other reason, pay or cause to be paid to the U.S. Trustee all sums held in trust for such series by it, or any Paying Agent hereunder, as required by this Section 4.05Section, and such sums are to be held by the U.S. Trustee upon the trust herein contained.
(e) Anything in this Section to the contrary notwithstanding, the agreement to hold sums in trust as provided in this Section is subject to the provisions of Sections 12.2, 12.3 and 12.4.
Appears in 1 contract
Samples: Senior Indenture (Algonquin Power & Utilities Corp.)
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Subordinated Securities of any seriesSeries, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 4.06 and Section 11.0411.05,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Subordinated Securities of such series Series (whether such sums have been paid to it by the Company or by any other obligor on the Subordinated Securities of such seriesSeries) in trust for the benefit of the Holders of the Subordinated Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Subordinated Securities of such seriesSeries) to make any payment of the principal of or interest on the Subordinated Securities of such series Series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Subordinated Securities of any seriesSeries, it will, prior to each due date of the principal of or any interest on the Subordinated Securities of such seriesSeries, deposit with a Paying Agent of such series Series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Subordinated Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such action.
(d) Anything in this Section 4.05 4.06 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Subordinated Indenture with respect to one or more or all series Series of Subordinated Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series Series by it, or any Paying Agent hereunder, as required by this Section 4.054.06, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 1 contract
Duties of Paying Agent. (a) If the Company shall appoint a Paying Agent other than the Trustee with respect to Securities of any seriesSeries, it will cause such Paying Agent to execute and deliver to the Trustee an instrument in which such agent shall agree with the Trustee, subject to the provisions of this Section 4.05 4.04 and Section 11.0411.05,
(1) that it will hold all sums held by it as such agent for the payment of the principal of or interest, if any, on the Securities of such series Series (whether such sums have been paid to it by the Company or by any other obligor on the Securities of such seriesSeries) in trust for the benefit of the Holders of the Securities entitled to such principal or interest and will notify the Trustee of the receipt of sums to be so held,
(2) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities of such seriesSeries) to make any payment of the principal of or interest on the Securities of such series Series when the same shall be due and payable, and
(3) that it will at any time during the continuance of any Event of Default, upon the written request of the Trustee, deliver to the Trustee all sums so held in trust by it.
(b) Whenever the Company shall have one or more Paying Agents with respect to the Securities of any seriesSeries, it will, prior to each due date of the principal of or any interest on the Securities of such seriesSeries, deposit with a Paying Agent of such series Series a sum sufficient to pay the principal or interest so becoming due, such sum to be held in trust for the benefit of the Holders of Securities entitled to such principal or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act.
(c) If the Company shall act as its own Paying Agent with respect to the Securities of any series, it will, on or before each due date of the principal of or interest on the Securities of such series, set aside, segregate and hold in trust for the benefit of the Holders of the Securities of such series a sum sufficient to pay such principal or interest so becoming due. The Company will promptly notify the Trustee of any failure to take such action.
(d) Anything in this Section 4.05 4.04 to the contrary notwithstanding, the Company may, at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture with respect to one or more or all series Series of Securities hereunder, or for any other reason, pay or cause to be paid to the Trustee all sums held in trust for such series Series by it, or any Paying Agent hereunder, as required by this Section 4.054.04, and such sums are to be held by the Trustee upon the trust herein contained.
Appears in 1 contract
Samples: Senior Indenture (Ati Financing Ii)
