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 or any Guarantor under this Trust Deed or under the Notes, proof therein that: (a) as regards any specified Note 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 (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.

Appears in 2 contracts

Samples: Trust Deed (Georgia Worldwide PLC), Trust Deed (Georgia Worldwide PLC)

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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 or any Guarantor under this Trust Deed or under the Notes, proof therein that: (a) 7.2.1 as regards any specified Note 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 (b) 7.2.2 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.,

Appears in 1 contract

Samples: Trust Deed (Bema Gold Corp /Can/)

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Evidence of Default. If the Trustee (or any Noteholder Bondholder 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 or any Guarantor under this Trust Deed or under the NotesBonds, proof therein that: (a) 7.3.1 as regards any specified Note Bond the Issuer has made default in paying any principal due in respect of such Note Bond shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes Bonds in respect of which a corresponding payment is then due; and (b) 7.3.2 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.;

Appears in 1 contract

Samples: Trust Deed (Melco Crown Entertainment LTD)

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