Common use of Evidence of Default Clause in Contracts

Evidence of Default. If the Trustee (or any Noteholder or Couponholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer under this Trust Deed or under the Notes, proof therein that: 8.2.1 as regards any specified Note within a given Series, the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due; 8.2.2 as regards any specified Coupon the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due; and 8.2.3 as regards any Talon, the Issuer has made default in exchanging such Talon for further Coupons and a further Talon as provided by its terms shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Talons which are then available for exchange,

Appears in 1 contract

Samples: Trust Deed (Koninklijke Philips Nv)

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Evidence of Default. If the Trustee (or any Noteholder or Couponholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer under this Trust Deed or under the Notes, proof therein Proof that: 8.2.1 (a) as regards any specified Note within a given Series, the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due; 8.2.2 (b) as regards any specified Coupon the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due; and 8.2.3 (c) as regards any Talon, the Issuer has made default in exchanging such Talon for further Coupons and a further Talon as provided by its terms shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Talons which are then available for exchange,, and for the purposes of Subclauses 11.2(a) and 11.2(b) a payment shall be a “corresponding” payment notwithstanding that it is due in respect of a Note of a different denomination from that in respect of the above specified Note.

Appears in 1 contract

Samples: Trust Deed (Intercontinental Hotels Group PLC /New/)

Evidence of Default. If the Note Trustee (or any Noteholder Noteholder, Receiptholder, Couponholder or Couponholder other Issuer Secured Creditor where entitled under this Note Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer under this Note Trust Deed or under the Notes, proof therein that: 8.2.1 7.2.1 as regards any specified Note within a given SeriesNote, the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due;; and 8.2.2 7.2.2 as regards any specified Coupon Coupon, the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due; and 8.2.3 7.2.3 as regards any Talon, the Issuer has made default in exchanging such Talon for further Coupons and a further Talon as provided by its terms shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Talons which are then available for exchange,, and for the purposes of Sub-clauses 7.2.1 and 7.2.2 above a payment shall be a "corresponding" payment notwithstanding that it is due in respect of a Note of a different denomination from that in respect of the above specified Note.

Appears in 1 contract

Samples: Note Trust Deed

Evidence of Default. If the Note Trustee (or any Noteholder or Couponholder where were entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding proceedings or lodges any proof in a winding up or insolvency of the Issuer under this Trust Deed or under the Notes, proof therein that: 8.2.1 7.2.1 as regards any specified Note within a given Series, the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due;; and 8.2.2 7.2.2 as regards any specified Coupon Coupon, the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due; and 8.2.3 7.2.3 as regards any Talon, the Issuer has made default in exchanging such Talon for further Coupons and a further Talon as provided by its terms shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Talons which are then available for exchange,;

Appears in 1 contract

Samples: Tenth Supplemental Trust Deed

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Evidence of Default. If the Trustee (or any Noteholder or Couponholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding winding-up or insolvency of the Issuer or the Guarantor under this Trust Deed or under the NotesNotes of any series, proof therein that: 8.2.1 as regards any specified Note within a given Series, of that series the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes of that series in respect of which a corresponding payment is then due;; and 8.2.2 as regards any specified Coupon relating to Notes of that series the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons relating to Notes of that series in respect of which a corresponding payment is then due; and 8.2.3 as regards any Talon, and for the Issuer has made default purposes of this Clause 8.2 a payment shall be a "corresponding" payment notwithstanding that it is due in exchanging such Talon for further Coupons and respect of a further Talon as provided by its terms shall (unless Note of a different denomination from that in respect of the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Talons which are then available for exchange,above specified Note or specified Coupon.

Appears in 1 contract

Samples: Trust Deed (Syngenta Ag)

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