Immediate Repayment. 8.1. On the occurrence of one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicable: 8.1.1. If the Company does not pay any amount that is due from it in relation with the Debentures of the relevant Series within 45 days from their due date 8.1.2. If a final or permanent liquidation order is granted by the court in relation with the Company 8.1.3. If a provisional liquidation order is granted by the court, or a valid decision is adopted to liquidate the Company (or if a valid resolution is passed for the liquidation of the Company (apart from a liquidation for purposes of a merger with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company) and the decree or decision as stated, were not cancelled within 60 days from the date the order was given or the resolution was passed, and on condition that as a result the payments to the holders of the Debentures of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affected. 8.1.4. If the Company's assets are foreclosed, and the foreclosure is not removed within 60 days of its performance. 8.1.5. If execution procedures are carried out against the Company's assets, and the procedures are not cancelled within 60 days from the execution date. 8.1.6. If a permanent receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 days 8.1.7. If a temporary receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 days. 8.1.8. If the Company stops or notifies its intention to stop the payment of its debts, or ceases or notifies its intention to cease its business, as those will be from time to time. 8.1.9. If decree for the freezing of the procedures is rendered, or if the Company applied for a settlement with the Company's creditors, as per section 350 of the Companies law, 1999 (The Companies Law) (excluding for the purpose of merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the surviving company undertook all the obligations towards the Debentures Holders and that there is no reasonable doubt that due to the merging, the surviving company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company and/ or any other settlement that is not due to the financial difficulties of the Company) 8.1.10. If the Company is dissolute or written-off for any reason whatsoever. 8.1.11. In the event of fundamental breach of the terms of the debentures of the relevant series and the Deed, and if the Trustee notified the Company to remedy the breach and the Company failed do so within 30 days of the notification date, and on condition that the rights of the Debentures Holders were thereby affected.
Appears in 2 contracts
Samples: Deed of Trust (B Communications LTD), Deed of Trust (Internet Gold Golden Lines LTD)
Immediate Repayment. 8.1. On the occurrence of 16.1 In one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicableenumerated below:
8.1.1. 16.1.1 If the Company does not pay repay any amount sum that is due from it in relation with connection to the Debentures of the relevant Series within 45 days from their due dateof the maturity of that sum.
8.1.2. 16.1.2 If a final or permanent liquidation order is granted temporary liquidator has been appointed by the court in relation with the Company
8.1.3. If a provisional liquidation order is granted by the court, or if a valid decision is resolution has been adopted to liquidate the Company (or if a valid resolution is passed for the liquidation of the Company (apart from a other than liquidation for purposes of a merger merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure restructuring of the Company) and the decree this appointment or decision as stated, were resolution is not cancelled within 60 days from the date the order was given 30 Business Days of being given.
16.1.3 If an attachment is imposed on some or the resolution was passed, and on condition that as a result the payments to the holders all of the Debentures material assets of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affected.
8.1.4. If the Company's assets are foreclosed, Company and the foreclosure attachment is not removed within 60 days of its performancedays.
8.1.5. If 16.1.4 An execution procedures are action is carried out against a material asset of the Company's assets, in part or in full, and the procedures are action is not cancelled within 60 days from the execution date90 days.
8.1.6. 16.1.5 If a permanent receiver is appointed to for the Company and/or the Company's some or all of its material assets, and the appointment is not cancelled within 60 days
8.1.7. If a temporary receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 90 days.
8.1.8. 16.1.6 If the Company stops or notifies ceases the payments of the Debentures and/or announces its intention to stop the payment of its debts, or ceases or notifies its intention intent to cease the payments of the Debentures.
16.1.7 If the Company discontinues its businessbusiness affairs or managing its business affairs, as those will they are from time to time, and/or announces its intent to cease in engaging in or managing its business affairs as shall be from time to time.
8.1.9. 16.1.8 If decree another series of Debentures that the Company has issued is called for the freezing immediate repayment other than according to a resolution of the procedures Company.
16.1.9 If an order for staying of proceedings is rendered, given or if a motion has been filed concerning the Company applied for a settlement to make an arrangement with the Company's creditors, as per section creditors of the Company pursuant to Section 350 of the Companies law, 1999 Law (The Companies Law) (excluding other than for the purpose of merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the surviving company undertook all the obligations towards the Debentures Holders and that there is no reasonable doubt that due to the merging, the surviving company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company and/ or any other settlement that is not due to the financial difficulties restructuring of the Company)) against the Company and this order or motion is not cancelled within 90 days of commencement thereof.
8.1.10. 16.1.10 If the Company is dissolute wound up or written-off struck for any reason whatsoeverreason.
8.1.11. In the event of 16.1.11 A fundamental breach of the terms of the debentures Debentures and the Deed of Trust, including if it is found that the undertakings of the relevant series and Company in the DeedDebentures or herein are incorrect and/or incomplete, and if the Trustee notified provided a notice has been given to the Company to remedy rectify the breach violation and the Company failed do so does not correct such a violation within 30 days 14 Business Days of issue of the notification datenotice, and on condition provided that the payments to the Debenture Holders and/or the rights thereof are infringed or may be infringed as a result.
16.1.12 If there is material concern that the Company will discontinue the payments of the Debentures and/or there is material concern that it will cease in managing its business affairs as shall be from time to time.
16.1.13 In the occurrence of any other event that constitutes material infringement and/or may cause material infringement of the rights of the Debentures Holders were thereby affectedDebenture Holders. For the purposes of this entire section, "Material Asset" is an asset whose value in the books of the Company exceeds 20% of the income of the Company according to its last (audited) consolidated annual statements on the date of the event.
16.2 In the occurrence of any of the events listed in Section 6.1 above, the following provisions will apply:
16.2.1 ( A) In the case of any of the events in Sections 16.1.1 to 16.1.10 (inclusive) above, the Trustee will be required to call a Meeting of the Debenture Holders; or
Appears in 1 contract
Samples: Deed of Trust (Cellcom Israel Ltd.)
Immediate Repayment. 8.1. On the occurrence of 6.1 In one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicableenumerated below:
8.1.1. 6.1.1 If the Company does not pay repay any amount sum that is due from it in relation with connection to the Debentures of the relevant Series within 45 days from their due dateof the maturity of that sum.
8.1.2. If 6.1.2 A temporary liquidator has been appointed by a final or permanent liquidation order is granted by the court in relation with the Company
8.1.3. If a provisional liquidation order is granted by the court, or if a valid decision is resolution has been adopted to liquidate the Company (or if a valid resolution is passed for the liquidation of the Company (apart from a other than liquidation for purposes of a merger merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure restructuring of the Company) and the decree this appointment or decision as stated, were resolution is not cancelled within 60 days from the date the order was given 30 Business Days of being given.
6.1.3 If an attachment is imposed on some or the resolution was passed, and on condition that as a result the payments to the holders all of the Debentures material assets of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affected.
8.1.4. If the Company's assets are foreclosed, Company and the foreclosure attachment is not removed within 60 days of its performancedays.
8.1.5. If 6.1.4 An execution procedures are action is carried out against a material asset of the Company's assets, in part or in full, and the procedures are action is not cancelled within 60 days from the execution date90 days.
8.1.6. 6.1.5 If a permanent receiver is appointed to for the Company and/or the Company's some or all of its material assets, and the appointment is not cancelled within 60 days
8.1.7. If a temporary receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 90 days.
8.1.8. 6.1.6 If the Company stops or notifies ceases the payments of the Debentures and/or announces its intention to stop the payment of its debts, or ceases or notifies its intention intent to cease the payments of the Debentures.
6.1.7 If the Company discontinues its businessbusiness affairs or managing its business affairs, as those will they are from time to time, and/or announces its intent to cease in engaging in or managing its business affairs as shall be from time to time.
8.1.9. 6.1.8 If decree another series of Debentures that the Company has issued is called for the freezing immediate repayment other than according to a resolution of the procedures Company.
6.1.9 If an order for staying of proceedings is rendered, given or if a motion has been filed concerning the Company applied for a settlement to make an arrangement with the Company's creditors, as per section creditors of the Company pursuant to Section 350 of the Companies law, 1999 Law (The Companies Law) (excluding other than for the purpose of merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the surviving company undertook all the obligations towards the Debentures Holders and that there is no reasonable doubt that due to the merging, the surviving company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company and/ or any other settlement that is not due to the financial difficulties restructuring of the Company)) against the Company and this order or motion is not cancelled within 90 days of commencement thereof.
8.1.10. 6.1.10 If the Company is dissolute wound up or written-off struck for any reason whatsoeverreason.
8.1.11. In the event of 6.1.11 A fundamental breach of the terms of the debentures Debentures and the Deed of Trust, including if it is found that the undertakings of the relevant series and Company in the DeedDebentures or herein are incorrect and/or incomplete, and if the Trustee notified provided a notice has been given to the Company to remedy rectify the breach violation and the Company failed do so does not correct such a violation within 30 days 14 Business Days of issue of the notification datenotice, and on condition provided that the payments to the Debenture Holders and/or the rights thereof are infringed or may be infringed as a result.
6.1.12 If there is material concern that the Company will discontinue the payments of the Debentures and/or there is material concern that it will cease managing its business affairs as shall be from time to time.
6.1.13 In the occurrence of any other event that constitutes material infringement and/or may cause material infringement of the rights of the Debenture Holders (Series D). For the purposes of this entire section, "Material Asset" is an asset whose value in the books of the Company exceeds 20% of the income of the Company according to its last (audited) consolidated annual statements on the date of the event.
6.2 In the occurrence of any of the events listed in Section 6.1 above, the following provisions will apply:
(A) In the case of any of the events in Sections 6.1.1 to 6.1.10 (inclusive) above, the Trustee will be required to call a Meeting of the Debenture Holders (Series D); or (B) In the case of any of the events in Sections 6.1.11 to 6.1.13 (inclusive) above, the Trustee will be allowed (but not required) to call a meeting of the Debenture Holders (Series D), but the Trustee will be required to call a Meeting of Holders by a written request of Holders of at least ten percent (10%) of the par value of the unsettled balance of the principal of the Debentures in circulation, as specified in Section 1.1 of the second addendum hereto.
6.2.2 The date of convening the meeting, which will be called in accordance with the provisions of Section 6.2.1 A or B above, will be 30 days after the date of its calling (or a shorter term in accordance with the provisions of Section 6.2.5 below), whose agenda will have a resolution concerning calling for immediate repayment the entire unsettled balance of the Debentures (Section D), due to the occurrence of any of the events specified in Section 6.1 above, as relevant.
6.2.3 In the case that until the date of convening of the Meeting, none of the events specified in Section 6.1 above has been canceled or removed, and the Meeting of the Debenture Holders were thereby affectedas stated resolve to call all of the unsettled balance of the Debentures for immediate repayment as a Special Resolution (as defined in the second addendum hereto), the Trustee will be required, within a reasonable time, to call all of the unsettled balance of the Debentures (Series D) for immediate repayment, as long as it has given the Company at least 15 days written warning of its intent to do so and the event for which the resolution was adopted has not been canceled or removed within this period.
6.2.4 A copy of the notice for calling the Meeting will be sent by the Trustee to the Company as soon as the notice is published and will constitute advance written warning to the Company of the intent to act to call the Debentures for immediate repayment.
6.2.5 The Trustee is entitled, at its discretion, to reduce the count of 30 days (in Section 6.2.2 above) and/or the said 15 days of warning (in Section 6.2.3) in the case of the Trustee opining that any deferral in calling the debt of the Company for repayment endangers the rights of the Debenture Holders (Series D), but in any case the Trustee shall not do so without first applying to the Company in writing 7 Business Days before the date of the meeting, indicating the reasons for reducing the time, at the discretion of the Trustee in the circumstances at hand.
6.2.6 The Trustee will be responsible for reporting to the Debenture Holders of the occurrence of any of the events specified in Sections 6.1.11 to 6.1.13 (inclusive) above, whether pursuant to publications that the Company has made or according to a notice of the Company that will be sent to it according to the provisions of Section 24 below, soon after it being brought to its attention or delivered to it.
Appears in 1 contract
Samples: Deed of Trust (Cellcom Israel Ltd.)
Immediate Repayment. 8.1. 7.1 On the occurrence of one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicableenumerated below:
8.1.1. 7.1.1 If the Company does not pay any amount that is due from it in relation connection with the Debentures of within 30 days after the relevant Series within 45 days from their due datedate for payment thereof has arrived.
8.1.2. If a final or permanent liquidation order is granted by the court in relation with the Company
8.1.3. 7.1.2 If a provisional liquidation order is granted liquidator has been appointed by the a court, or a valid decision is adopted to liquidate the Company (or if a valid resolution is has been passed for the liquidation winding-up of the Company (apart from save and except a liquidation winging-up for purposes of a merger merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed and/or a change in the Company’s full obligations to the debenture holders structure), and that there is no reasonable doubt that due to the merging, the absorbing company will such appointment or such decision has not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising been set aside within 20 business days from the Debentures ad this Deeddate on which it was granted.
7.1.3 If an attachment is imposed on material assets of the Company, in whole or in part, and the Trustee will attachment is not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company) and the decree or decision as stated, were not cancelled removed within 60 days from the date the order on which it was given or the resolution was passed, and on condition that as imposed.
7.1.4 An Execution Office operation is executed against a result the payments to the holders material asset of the Debentures of the relevant seriesCompany, in whole or their rights, were affected, or there is reasonable doubt they might be affected.
8.1.4. If the Company's assets are foreclosedin part, and the foreclosure operation is not removed set aside within 60 days of its performancedays.
8.1.5. If execution procedures are carried out against the Company's assets, and the procedures are not cancelled within 60 days from the execution date.
8.1.6. 7.1.5 If a permanent receiver is appointed to for the Company and/or the Company's for its material assets, in whole or in part, and the appointment is not cancelled within 60 days
8.1.7. If a temporary receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled set aside within 60 days.
8.1.8. 7.1.6 If the Company stops or notifies its intention to stop ceases payments on the payment Debentures and/or gives notice of its debts, or ceases or notifies its intention to cease its business, as those will be from time to timepayments on the Debentures.
8.1.9. 7.1.7 If decree for the freezing of the procedures is rendered, or if the Company applied for ceases to continue to engage in and/or conduct its businesses and/or gives notice of its intention to cease continuing to engage in its businesses and/or the conduct thereof.
7.1.8 If another series of debentures the Company has issued has been made immediately due and payable.
7.1.9 If a settlement with the Company's creditors, as per section stay of proceedings order is granted under Section 350 of the Companies lawLaw, 5759-1999 against the Company, and such order is not set aside within 60 (The sixty) days from the date of commencement thereof.
7.1.10 If an application is lodged in relation to the Company for the making of an arrangement with the Company’s creditors pursuant to Section 350 of the Companies Law) (excluding for , 5759-1999, or if a stay of proceedings order is granted against the purpose of merging Company in accordance with another companythe aforesaid section, and only when the board application or the order has not been withdrawn or set aside within 60 days from the date of directors approval was submitted filing or the date of grant thereof, as the case may be.
7.1.11 If the Company is liquidated or expunged for any reason.
7.1.12 If a genuine fear exists that the Company will cease payments on the Debentures and/or will cease to continue its businesses and/or be due to cease continuing its businesses and/or a material fear exists that it will cease conducting its business.
7.1.13 Upon the occurrence of any event that constitutes material prejudice and/or could cause material prejudice to the Trusteerights of the holders of Debentures of that series. The provisions of Clauses 7.2 or 7.3 below will apply as the case may be. For purposes of this clause “material asset” means – an asset the value of which in the Company’s books exceeds 25% of the Company’s equity capital according to the last consolidated financial statements (audited or reviewed), showing that which were published prior to the surviving company undertook all date of the obligations towards event.
7.2 Upon the occurrence of any of the events noted in Clauses 7.1.1 to 7.1.11 above (inclusive):
7.2.1 The Trustee will be obliged to call a meeting of debenture holders the date for convening of which will be after 30 days from the date of calling thereof (or an earlier date in accordance with the provisions of Clause 7.2.4 below), whose agenda shall contain a resolution regarding the making of the entire unpaid balance of the Debentures Holders immediately due and payable by virtue of the occurrence of one of the events mentioned in Clauses 7.1.1 to 7.1.11 above (inclusive).
7.2.2 In the event that there is no reasonable doubt that due up to the mergingdate of convening of the meeting any of the events described in Clauses 7.1.1 to 7.1.11 above (inclusive) has not been set aside or removed, and the resolution at such meeting of debenture holders is passed as a special resolution (as defined in the Second Schedule to this Deed), the surviving company Trustee will not be able to fulfill on obliged, within a reasonable time, all its obligations towards to make the entire unpaid balance of the Debentures Holdersimmediately due and payable.
7.2.3 A copy of a notice calling such meeting shall be sent by the Trustee to the Company immediately upon publication of the notice and it shall constitute prior written warning notice to the Company of the Trustee’s intention to act as aforesaid.
7.2.4 The Trustee may, in its discretion, shorten the aforesaid period of 30 days (as arising from mentioned in Clause 7.2.1 above) in a situation in which the Debentures ad this DeedTrustee is of the opinion that any delay in making the Company’s debt due and payable endangers the rights of the debenture holders, but under no circumstances shall the aforesaid period be shortened to less than 7 days.
7.3 On the occurrence of any of the events described in Clauses 7.1.12 to 7.1.13 above (inclusive):
7.3.1 Each of the debenture holders and the Trustee will be entitled, but not obliged, to call a meeting of debenture holders, the date for convening of which shall be required after 30 days from the date on which it was called (or an earlier date in accordance with the provisions of Clause 7.3.4 below), whose agenda shall contain a resolution regarding the making of the entire unpaid balance of the Debentures immediately due and payable by virtue of the occurrence of any of the events mentioned in Clauses 7.1.12 to verify the truthfulness 7.1.13 above (inclusive).
7.3.2 In a case in which a resolution is passed at a meeting of this approval and/or the changes debenture holders as referred to in Clause 7.3.1 above as a special resolution (as defined in the structure Second Schedule to this Deed), the Trustee shall be obliged, within a reasonable time, to make the entire unpaid balance of the Company and/ or any other settlement that is not Debentures immediately due and payable.
7.3.3 A copy of the notice calling such meeting shall be sent by the party calling the meeting to the financial difficulties Company and to the Trustee immediately upon publication of the Company)
8.1.10. If notice, and shall constitute prior written warning notice to the Company is dissolute or written-off for any reason whatsoeverabout the intention to act as aforesaid.
8.1.11. In 7.3.4 A debenture holder or the Trustee, as the case may be, who calls the meeting will be entitled, in his or its discretion, to shorten the aforesaid 30 day period (mentioned in Clause 7.3.1 above) in the event of fundamental breach that the party calling the meeting is of the terms of opinion that any delay in making the debentures of the relevant series and the Deed, and if the Trustee notified the Company to remedy the breach and the Company failed do so within 30 days of the notification date, and on condition that Company’s debt payable endangers the rights of the Debentures Holders were thereby affecteddebenture holders, but under no circumstances shall the aforesaid period be shortened to less than 7 days.
7.3.5 The Trustee, after it becomes aware of the fact, shall be responsible for reporting to the debenture holders about the occurrence of any of the events mentioned in Clauses 7.1.12 to 7.1.13 above (inclusive), whether on the strength of public announcements the Company has published or in accordance with a notice the Company has sent to it in accordance with the provisions of Clause 22 below, shortly after this has been brought to its notice and/or has been delivered to it.
Appears in 1 contract
Immediate Repayment. 8.1. 7.1 On the occurrence of one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicableenumerated below:
8.1.1. 7.1.1 If the Company does not pay any amount that is due from it in relation connection with the Debentures of within 30 days after the relevant Series within 45 days from their due datedate for payment thereof has arrived.
8.1.2. If a final or permanent liquidation order is granted by the court in relation with the Company
8.1.3. 7.1.2 If a provisional liquidation order is granted liquidator has been appointed by the court, a court or a valid decision is adopted to liquidate the Company (or if a valid resolution is has been passed for the liquidation winding-up of the Company (apart from except a liquidation winding-up for purposes of a merger with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes a change in the structure of the Company) and such appointment or such resolution has not been set aside within 20 business days from the decree date on which it was given or decision as statedtaken.
7.1.3 If an attachment is imposed on material assets of the Company [of the Company], were in whole or in part, and the attachment is not cancelled removed within 60 days.
7.1.4 An execution office act is executed against a material asset of the Company, in whole or in part, and the action is not set aside within 60 days.
7.1.5 If a receiver is appointed for the assets of the Company and/or for its material assets, in whole or in part, and the appointment is not set aside within 60 days.
7.1.6 If the Company ceases payments on the Debentures and/or gives notice of its intention to cease payments on the Debentures.
7.1.7 If the Company ceases to continue engaging in and/or carrying on its business and/or gives notice of its intention to cease continuing to engage in its business and/or to manage same.
7.1.8 If another series of debentures issued by the Company has been made immediately due and payable.
7.1.9 If a stay of proceedings order has been granted in accordance with Section 350 of the Companies Law, 5759-1999, against the Company, and such order has not been set aside within 60 (sixty) days from the date of its commencement.
7.1.10 If an application has been filed in relation to the Company for making an arrangement with creditors of the Company in accordance with Section 350 of the Companies Law, 5759-1999, or a stay of proceedings order has been granted against the Company in accordance with the aforesaid section, and the application or the order has not been withdrawn or set aside, within 60 days from the date of the order was given filing or grant thereof, as the resolution was passed, and case may be.
7.1.11 If the Company is liquidated or expunged for any reason.
7.1.12 If there is a genuine fear that the Company will cease payments of the Debentures and/or will cease to continue its business and/or is about to cease carrying on condition its business and/or a genuine fear exists that as a result it will cease conducting its business.
7.1.13 On the payments occurrence of any other event that constitutes material prejudice and/or could cause material prejudice to the rights of the holders of the Debentures (Series A). For purposes of this clause “material asset” means – an asset the value of which in the Company’s books exceeds 25% of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affectedCompany’s equity capital according to the last financial statements it published.
8.1.4. If 7.2 On the Company's assets are foreclosed, and occurrence of any of the foreclosure is not removed within 60 days events mentioned in Clauses 7.1.1 to 7.1.11 (inclusive) above:
7.2.1 The Trustee will be obliged to call a meeting of its performance.
8.1.5. If execution procedures are carried out against holders of Debentures (Series A) the Company's assets, and date for convening of which shall be after the procedures are not cancelled within 60 elapse of 30 days from the execution datedate on which it is called (or such shorter period in accordance with the provisions of Clause 7.2.4 below) the agenda of which shall contain a resolution with regard to making the entire unpaid balance of the Debentures (Series A) immediately due and payable by virtue of the occurrence of one of the events mentioned in Clauses 7.1.1 to 7.1.11 (inclusive) above.
8.1.6. If 7.2.2 In a permanent receiver is appointed case in which up to the date for convening the meeting any of the events mentioned in Clauses 7.1.1 to 7.1.11 (inclusive) above has not been set aside or withdrawn, and a resolution of the meeting of debenture holders as aforesaid has been passed as a special resolution (as defined in the Second Schedule to this deed), the Trustee will be obliged, within a reasonable time, to make the entire unpaid balance of the Debentures (Series A) immediately due and payable.
7.2.3 A copy of the notice calling such meeting shall be sent by the Trustee to the Company and/or immediately upon publication of the Company's assets, notice and the appointment is not cancelled within 60 days
8.1.7. If will constitute a temporary receiver is appointed prior written warning to the Company and/or regarding the Trustee’s intention to act as aforesaid.
7.2.4 The Trustee may, in its discretion, shorten the period of 30 days as aforesaid (in Clause 7.2.1 above) in a case in which the Trustee believes that any postponement in making the Company's assets’s debt payable endangers the rights of the holders of the Debentures (Series A), and but under no circumstances shall the appointment is not cancelled within 60 aforesaid period be shortened to less than 7 days.
8.1.8. If 7.3 On the Company stops or notifies its intention to stop the payment occurrence of its debts, or ceases or notifies its intention to cease its business, as those will be from time to time.
8.1.9. If decree for the freezing any of the procedures is rendered, or if the Company applied for a settlement with the Company's creditors, as per section 350 events mentioned in Clauses 7.1.12 to 7.1.13 (inclusive) above:
7.3.1 Each of the Companies law, 1999 (The Companies Law) (excluding for the purpose of merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the surviving company undertook all the obligations towards the Debentures Holders and that there is no reasonable doubt that due to the merging, the surviving company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, debenture holders and the Trustee will be entitled (but not obliged) to call a meeting of the holders of the Debentures (Series A) the time for convening of which shall be required after the elapse of 30 days from the date it is called (or a shorter period in accordance with the provisions of Clause 7.2.4 below), the agenda of which shall contain a resolution with regard to verify making of the truthfulness entire unpaid balance of this approval and/or the changes Debentures (Series A) immediately due and payable by virtue of the occurrence of any of the events set forth in Clauses 7.1.12 to 7.1.13 (inclusive) above.
7.3.2 In a case in which a resolution is passed at a meeting of debenture holders as referred to in Clause 7.3.1 above as a special resolution (as defined in the structure Second Schedule to this deed), the Trustee will be obliged, within a reasonable time, to make the entire unpaid balance of the Company and/ or any other settlement that is not Debentures (Series A) immediately due and payable.
7.3.3 A copy of the notice calling such meeting shall be sent by the party calling the meeting to the financial difficulties Company and to the Trustee immediately upon the publication of the Company)
8.1.10. If notice and this will constitute prior written warning to the Company is dissolute or written-off for any reason whatsoeverof the intention to act in the aforesaid manner.
8.1.11. In 7.3.4 A debenture holder or the event of fundamental breach Trustee, as the case may be, who calls the meeting will be entitled, at his or its discretion, to shorten the aforesaid 30 day period (as mentioned in Clause 7.3.1 above) in a case in which the party calling the meeting is of the terms of opinion that any postponement in making the debentures of the relevant series and the Deed, and if the Trustee notified the Company to remedy the breach and the Company failed do so within 30 days of the notification date, and on condition that Company’s debt payable endangers the rights of holders of the Debentures Holders were thereby affected(Series A), but under no circumstances shall the aforesaid period be shortened to less than 7 days.
7.3.5 The Trustee will be responsible for reporting to the debenture holders in regard to the occurrence of any of the events mentioned in Clauses 7.1.12 to 7.1.13 (inclusive) above, whether on the strength of publicized reports the Company may publish or in accordance with the notice the Company may send to it in accordance with a provisions of Clause 22 below, shortly after this has been brought to the notice of the Trustee and/or has been delivered to it.
Appears in 1 contract
Immediate Repayment. 8.1. On the occurrence of 7.1 In one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicableenumerated below:
8.1.1. 7.1.1 If the Company does not pay repay any amount sum that is due from it in relation with connection to the Debentures of the relevant Series within 45 days from their due dateof the maturity of that sum.
8.1.2. If 7.1.2 A temporary liquidator has been appointed by a final or permanent liquidation order is granted by the court in relation with the Company
8.1.3. If a provisional liquidation order is granted by the court, or if a valid decision is resolution has been adopted to liquidate the Company (or if a valid resolution is passed for the liquidation of the Company (apart from a other than liquidation for purposes of a merger merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure restructuring of the Company) and the decree this appointment or decision as stated, were resolution is not cancelled within 60 days from the date the order was given 30 Business Days of being given.
7.1.3 If an attachment is imposed on some or the resolution was passed, and on condition that as a result the payments to the holders all of the Debentures material assets of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affected.
8.1.4. If the Company's assets are foreclosed, Company and the foreclosure attachment is not removed within 60 days of its performancedays.
8.1.5. If 7.1.4 An execution procedures are action is carried out against a material asset of the Company's assets, in part or in full, and the procedures are action is not cancelled within 60 days from the execution date90 days.
8.1.6. 7.1.5 If a permanent receiver is appointed to for the Company and/or the Company's some or all of its material assets, and the appointment is not cancelled within 60 days
8.1.7. If a temporary receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 90 days.
8.1.8. 7.1.6 If the Company stops or notifies ceases the payments of the Debentures and/or announces its intention to stop the payment of its debts, or ceases or notifies its intention intent to cease the payments of the Debentures.
7.1.7 If the Company discontinues its businessbusiness affairs or managing its business affairs, as those will they are from time to time, and/or announces its intent to cease in engaging in or managing its business affairs as shall be from time to time.
8.1.9. 7.1.8 If decree another series of Debentures that the Company has issued is called for the freezing immediate repayment other than according to a resolution of the procedures Company.
7.1.9 If an order for staying of proceedings is rendered, given or if a motion has been filed concerning the Company applied for a settlement to make an arrangement with the Company's creditors, as per section creditors of the Company pursuant to Section 350 of the Companies law, 1999 Law (The Companies Law) (excluding other than for the purpose of merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the surviving company undertook all the obligations towards the Debentures Holders and that there is no reasonable doubt that due to the merging, the surviving company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company and/ or any other settlement that is not due to the financial difficulties restructuring of the Company)) against the Company and this order or motion is not cancelled within 90 days of commencement thereof.
8.1.10. 7.1.10 If the Company is dissolute wound up or written-off struck for any reason whatsoeverreason.
8.1.11. In the event of 7.1.11 A fundamental breach of the terms of the debentures Debentures and the Deed of Trust, including if it is found that the undertakings of the relevant series and Company in the DeedDebentures or herein are incorrect and/or incomplete, and if the Trustee notified provided a notice has been given to the Company to remedy rectify the breach violation and the Company failed do so does not correct such a violation within 30 days 14 Business Days of issue of the notification datenotice, and on condition provided that the payments to the Debenture Holders and/or the rights thereof are infringed or may be infringed as a result.
7.1.12 If there is material concern that the Company will discontinue the payments of the Debentures and/or there is material concern that it will cease managing its business affairs as shall be from time to time.
7.1.13 In the occurrence of any other event that constitutes material infringement and/or may cause material infringement of the rights of the Debenture Holders. For the purposes of this entire section, "Material Asset" is an asset whose value in the books of the Company exceeds 20% of the income of the Company according to its last (audited) consolidated annual statements on the date of the event.
7.2 In the occurrence of any of the events listed in Section 7.1 above, the following provisions will apply:
(A) In the case of any of the events in Sections 7.1.1 to 7.1.10 (inclusive) above, the Trustee will be required to call a Meeting of the Debenture Holders; or
(B) In the case of any of the events in Sections 7.1.11 to 7.1.13 (inclusive) above, the Trustee will be allowed (but not required) to call a meeting of the Debenture Holders, but the Trustee will be required to call a Meeting of Holders by a written request of Holders of at least ten percent (10%) of the par value of the unsettled balance of the principal of the Debentures in circulation, as specified in Section 1.1 of the second addendum hereto.
7.2.2 The date of convening the meeting, which will be called in accordance with the provisions of Section 7.2.1 A or B above, will be 30 days after the date of its calling (or a shorter term in accordance with the provisions of Section 7.2.5 below), whose agenda will have a resolution concerning calling for immediate repayment the entire unsettled balance of the Debentures, due to the occurrence of any of the events specified in Section 7.1 above, as relevant.
7.2.3 In the case that until the date of convening of the Meeting, none of the events specified in Section 7.1 above has been canceled or removed, and the Meeting of the Debenture Holders were thereby affectedas stated resolve to call all of the unsettled balance of the Debentures for immediate repayment as a Special Resolution (as defined in the second addendum hereto), the Trustee will be required, within a reasonable time, to call all of the unsettled balance of the Debentures for immediate repayment, as long as it has given the Company at least 15 days written warning of its intent to do so and the event for which the resolution was adopted has not been canceled or removed within this period.
7.2.4 A copy of the notice for calling the Meeting will be sent by the Trustee to the Company as soon as the notice is published and will constitute advance written warning to the Company of the intent to act to call the Debentures for immediate repayment.
7.2.5 The Trustee is entitled, at its discretion, to reduce the count of 30 days (in Section 7.2.2 above) and/or the said 15 days of warning (in Section 7.2.3) in the case of the Trustee opining that any deferral in calling the debt of the Company for repayment endangers the rights of the Debenture Holders, but in any case the Trustee shall not do so without first applying to the Company in writing 7 Business Days before the date of the meeting, indicating the reasons for reducing the time, at the discretion of the Trustee in the circumstances at hand.
7.2.6 The Trustee will be responsible for reporting to the Debenture Holders of the occurrence of any of the events specified in Sections 7.1.11 to 7.1.13 (inclusive) above, whether pursuant to publications that the Company has made or according to a notice of the Company that will be sent to it according to the provisions of Section 24 below, soon after it being brought to its attention or delivered to it.
Appears in 1 contract
Samples: Deed of Trust (Cellcom Israel Ltd.)
Immediate Repayment. 8.1. On the occurrence of 16.1 In one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicableenumerated below:
8.1.1. 16.1.1 If the Company does not pay repay any amount sum that is due from it in relation with connection to the Debentures of the relevant Series within 45 days from their due dateof the maturity of that sum.
8.1.2. 16.1.2 If a final or permanent liquidation order is granted temporary liquidator has been appointed by the court in relation with the Company
8.1.3. If a provisional liquidation order is granted by the court, or if a valid decision is resolution has been adopted to liquidate the Company (or if a valid resolution is passed for the liquidation of the Company (apart from a other than liquidation for purposes of a merger merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure restructuring of the Company) and the decree this appointment or decision as stated, were resolution is not cancelled within 60 days from the date the order was given 30 Business Days of being given.
16.1.3 If an attachment is imposed on some or the resolution was passed, and on condition that as a result the payments to the holders all of the Debentures material assets of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affected.
8.1.4. If the Company's assets are foreclosed, Company and the foreclosure attachment is not removed within 60 days of its performancedays.
8.1.5. If 16.1.4 An execution procedures are action is carried out against a material asset of the Company's assets, in part or in full, and the procedures are action is not cancelled within 60 days from the execution date90 days.
8.1.6. 16.1.5 If a permanent receiver is appointed to for the Company and/or the Company's some or all of its material assets, and the appointment is not cancelled within 60 days
8.1.7. If a temporary receiver is appointed to the Company and/or the Company's assets, and the appointment is not cancelled within 60 90 days.
8.1.8. 16.1.6 If the Company stops or notifies ceases the payments of the Debentures and/or announces its intention to stop the payment of its debts, or ceases or notifies its intention intent to cease the payments of the Debentures.
16.1.7 If the Company discontinues its businessbusiness affairs or managing its business affairs, as those will they are from time to time, and/or announces its intent to cease in engaging in or managing its business affairs as shall be from time to time.
8.1.9. 16.1.8 If decree another series of Debentures that the Company has issued is called for the freezing immediate repayment other than according to a resolution of the procedures Company.
16.1.9 If an order for staying of proceedings is rendered, given or if a motion has been filed concerning the Company applied for a settlement to make an arrangement with the Company's creditors, as per section creditors of the Company pursuant to Section 350 of the Companies law, 1999 Law (The Companies Law) (excluding other than for the purpose of merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the surviving company undertook all the obligations towards the Debentures Holders and that there is no reasonable doubt that due to the merging, the surviving company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes in the structure of the Company and/ or any other settlement that is not due to the financial difficulties restructuring of the Company)) against the Company and this order or motion is not cancelled within 90 days of commencement thereof.
8.1.10. 16.1.10 If the Company is dissolute wound up or written-off struck for any reason whatsoeverreason.
8.1.11. In the event of 16.1.11 A fundamental breach of the terms of the debentures Debentures and the Deed of Trust, including if it is found that the undertakings of the relevant series and Company in the DeedDebentures or herein are incorrect and/or incomplete, and if the Trustee notified provided a notice has been given to the Company to remedy rectify the breach violation and the Company failed do so does not correct such a violation within 30 days 14 Business Days of issue of the notification datenotice, and on condition provided that the payments to the Debenture Holders and/or the rights thereof are infringed or may be infringed as a result.
16.1.12 If there is material concern that the Company will discontinue the payments of the Debentures and/or there is material concern that it will cease in managing its business affairs as shall be from time to time.
16.1.13 In the occurrence of any other event that constitutes material infringement and/or may cause material infringement of the rights of the Debentures Debenture Holders were thereby affected(Series D). For the purposes of this entire section, "Material Asset" is an asset whose value in the books of the Company exceeds 20% of the income of the Company according to its last (audited) consolidated annual statements on the date of the event.
16.2 In the occurrence of any of the events listed in Section 6.1 above, the following provisions will apply:
16.2.1 (A) In the case of any of the events in Sections 16.1.1 to 16.1.10 (inclusive) above, the Trustee will be required to call a Meeting of the Debenture Holders (Series D); or
Appears in 1 contract
Samples: Deed of Trust (Cellcom Israel Ltd.)
Immediate Repayment. 8.1. 7.1 On the occurrence of one or more of the events in this section hereinafter, the provisions of section 8.2 hereinafter will apply, as applicableenumerated below:
8.1.1. 7.1.1 If the Company does not pay any amount that is due from it in relation connection with the Debentures of within 30 days after the relevant Series within 45 days from their due datedate for payment thereof has arrived.
8.1.2. If a final or permanent liquidation order is granted by the court in relation with the Company
8.1.3. 7.1.2 If a provisional liquidation order is granted liquidator has been appointed by the court, a court or a valid decision is adopted to liquidate the Company (or if a valid resolution is has been passed for the liquidation winding-up of the Company (apart from except a liquidation winding-up for purposes of a merger with another company, and only when the board of directors approval was submitted to the Trustee, showing that the absorbing company has assumed the Company’s full obligations to the debenture holders and that there is no reasonable doubt that due to the merging, the absorbing company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, and the Trustee will not be required to verify the truthfulness of this approval and/or the changes a change in the structure of the Company) and such appointment or such resolution has not been set aside within 20 business days from the decree date on which it was given or decision as statedtaken.
7.1.3 If an attachment is imposed on material assets of the Company [of the Company], were in whole or in part, and the attachment is not cancelled removed within 60 days.
7.1.4 An execution office act is executed against a material asset of the Company, in whole or in part, and the action is not set aside within 60 days.
7.1.5 If a receiver is appointed for the assets of the Company and/or for its material assets, in whole or in part, and the appointment is not set aside within 60 days.
7.1.6 If the Company ceases payments on the Debentures and/or gives notice of its intention to cease payments on the Debentures.
7.1.7 If the Company ceases to continue engaging in and/or carrying on its business and/or gives notice of its intention to cease continuing to engage in its business and/or to manage same.
7.1.8 If another series of debentures issued by the Company has been made immediately due and payable.
7.1.9 If a stay of proceedings order has been granted in accordance with Section 350 of the Companies Law, 5759-1999, against the Company, and such order has not been set aside within 60 (sixty) days from the date of its commencement.
7.1.10 If an application has been filed in relation to the Company for making an arrangement with creditors of the Company in accordance with Section 350 of the Companies Law, 5759-1999, or a stay of proceedings order has been granted against the Company in accordance with the aforesaid section, and the application or the order has not been withdrawn or set aside, within 60 days from the date of the order was given filing or grant thereof, as the resolution was passed, and case may be.
7.1.11 If the Company is liquidated or expunged for any reason.
7.1.12 If there is a genuine fear that the Company will cease payments of the Debentures and/or will cease to continue its business and/or is about to cease carrying on condition its business and/or a genuine fear exists that as a result it will cease conducting its business.
7.1.13 On the payments occurrence of any other event that constitutes material prejudice and/or could cause material prejudice to the rights of the holders of the Debentures (Series B). For purposes of this clause “material asset” means – an asset the value of which in the Company’s books exceeds 25% of the relevant series, or their rights, were affected, or there is reasonable doubt they might be affectedCompany’s equity capital according to the last financial statements it published.
8.1.4. If 7.2 On the Company's assets are foreclosed, and occurrence of any of the foreclosure is not removed within 60 days events mentioned in Clauses 7.1.1 to 7.1.11 (inclusive) above:
7.2.1 The Trustee will be obliged to call a meeting of its performance.
8.1.5. If execution procedures are carried out against holders of Debentures (Series B) the Company's assets, and date for convening of which shall be after the procedures are not cancelled within 60 elapse of 30 days from the execution datedate on which it is called (or such shorter period in accordance with the provisions of Clause 7.2.4 below) the agenda of which shall contain a resolution with regard to making the entire unpaid balance of the Debentures (Series B) immediately due and payable by virtue of the occurrence of one of the events mentioned in Clauses 7.1.1 to 7.1.11 (inclusive) above.
8.1.6. If 7.2.2 In a permanent receiver is appointed case in which up to the date for convening the meeting any of the events mentioned in Clauses 7.1.1 to 7.1.11 (inclusive) above has not been set aside or withdrawn, and a resolution of the meeting of debenture holders as aforesaid has been passed as a special resolution (as defined in the Second Schedule to this deed), the Trustee will be obliged, within a reasonable time, to make the entire unpaid balance of the Debentures (Series B) immediately due and payable.
7.2.3 A copy of the notice calling such meeting shall be sent by the Trustee to the Company and/or immediately upon publication of the Company's assets, notice and the appointment is not cancelled within 60 days
8.1.7. If will constitute a temporary receiver is appointed prior written warning to the Company and/or regarding the Trustee’s intention to act as aforesaid.
7.2.4 The Trustee may, in its discretion, shorten the period of 30 days as aforesaid (in Clause 7.2.1 above) in a case in which the Trustee believes that any postponement in making the Company's assets’s debt payable endangers the rights of the holders of the Debentures (Series B), and but under no circumstances shall the appointment is not cancelled within 60 aforesaid period be shortened to less than 7 days.
8.1.8. If 7.3 On the Company stops or notifies its intention to stop the payment occurrence of its debts, or ceases or notifies its intention to cease its business, as those will be from time to time.
8.1.9. If decree for the freezing any of the procedures is rendered, or if the Company applied for a settlement with the Company's creditors, as per section 350 events mentioned in Clauses 7.1.12 to 7.1.13 (inclusive) above:
7.3.1 Each of the Companies law, 1999 (The Companies Law) (excluding for the purpose of merging with another company, and only when the board of directors approval was submitted to the Trustee, showing that the surviving company undertook all the obligations towards the Debentures Holders and that there is no reasonable doubt that due to the merging, the surviving company will not be able to fulfill on time, all its obligations towards the Debentures Holders, as arising from the Debentures ad this Deed, debenture holders and the Trustee will be entitled (but not obliged) to call a meeting of the holders of the Debentures (Series B) the time for convening of which shall be required after the elapse of 30 days from the date it is called (or a shorter period in accordance with the provisions of Clause 7.2.4 below), the agenda of which shall contain a resolution with regard to verify making of the truthfulness entire unpaid balance of this approval and/or the changes Debentures (Series B) immediately due and payable by virtue of the occurrence of any of the events set forth in Clauses 7.1.12 to 7.1.13 (inclusive) above.
7.3.2 In a case in which a resolution is passed at a meeting of debenture holders as referred to in Clause 7.3.1 above as a special resolution (as defined in the structure Second Schedule to this deed), the Trustee will be obliged, within a reasonable time, to make the entire unpaid balance of the Company and/ or any other settlement that is not Debentures (Series B) immediately due and payable.
7.3.3 A copy of the notice calling such meeting shall be sent by the party calling the meeting to the financial difficulties Company and to the Trustee immediately upon the publication of the Company)
8.1.10. If notice and this will constitute prior written warning to the Company is dissolute or written-off for any reason whatsoeverof the intention to act in the aforesaid manner.
8.1.11. In 7.3.4 A debenture holder or the event of fundamental breach Trustee, as the case may be, who calls the meeting will be entitled, at his or its discretion, to shorten the aforesaid 30 day period (as mentioned in Clause 7.3.1 above) in a case in which the party calling the meeting is of the terms of opinion that any postponement in making the debentures of the relevant series and the Deed, and if the Trustee notified the Company to remedy the breach and the Company failed do so within 30 days of the notification date, and on condition that Company’s debt payable endangers the rights of holders of the Debentures Holders were thereby affected(Series B), but under no circumstances shall the aforesaid period be shortened to less than 7 days.
7.3.5 The Trustee will be responsible for reporting to the debenture holders in regard to the occurrence of any of the events mentioned in Clauses 7.1.12 to 7.1.13 (inclusive) above, whether on the strength of publicized reports the Company may publish or in accordance with the notice the Company may send to it in accordance with a provisions of Clause 22 below, shortly after this has been brought to the notice of the Trustee and/or has been delivered to it.
Appears in 1 contract