Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shall, on or before each due date of the principal of, any premium or interest on or Additional Amounts with respect to any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal or any premium, interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shall, on or prior to each due date of the principal of, any premium or interest on or any Additional Amounts with respect to any Securities of such series, deposit with any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and any premium, interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 2 contracts
Samples: Validus Holdings (UK) PLC, Validus Holdings (UK) PLC
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities, it shallwill, on or before each due date of the principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any premium or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any of (and premium, interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to before each due date of the principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any premium or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal of (and any premium, interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 1003, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Indenture (Columbia Property Trust Operating Partnership, L.P.), Columbia Property Trust, Inc.
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall ------------------------------------------------- Operating Partnership at any time act acts as its own Paying Agent with respect to any series of Securitiesany Securities and any coupons appertaining thereto, it shall, on or before each due date of the principal of, any of (and premium or Make-Whole Amount, if any, on) or interest on or Additional Amounts with respect to Amounts, if any, on any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake- Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Operating Partnership shall have one or more Paying Agents for any series of SecuritiesSecurities and any coupons appertaining thereto, it shall, on or prior to before each due date of the principal of, any of (and premium or Make-Whole Amount, if any, on) or interest or Additional Amounts, if any, on or any Additional Amounts with respect to any Securities of such series, deposit with any Paying a Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will Operating Partnership shall promptly notify the Trustee in writing of its action or failure so to act. The Company Operating Partnership shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 2 contracts
Samples: Cabot Industrial Trust, Cabot Industrial Properties Lp
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premiums or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any Paying a Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:or
Appears in 2 contracts
Samples: First Union Real Estate Equity & Mortgage Investments, First Union Real Estate Equity & Mortgage Investments
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shall, on or before each due date of the principal of, any premium or interest on or Additional Amounts or other amounts payable with respect to any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal or any premium, interest or Additional Amounts or other amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shall, on or prior to each due date of the principal of, any premium or interest on or any Additional Amounts or other amounts payable with respect to any Securities of such series, deposit with any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and or any premium, interest or Additional Amounts or other amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 2 contracts
Samples: Cox Radio Inc, Cox Radio Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make- Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action section or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Indenture (Sun Communities Operating Limited Partnership), Indenture (Sun Communities Operating Limited Partnership)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount, if any, or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Indenture (Camden Property Trust), Indenture (American Campus Communities Inc)
Money for Securities Payments to Be Held in Trust. If the Company Issuer or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, if any, or interest and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor PCS shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any) or interest on or Additional Amounts with in respect to of any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company PCS shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any) or interest on or any Additional Amounts with in respect to of any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company PCS will promptly notify the Trustee in writing of its action or failure so to act. The Company shall PCS will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 1003, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Potash Corporation of Saskatchewan Inc, Potash Corporation of Saskatchewan Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Capital Lease (Capital Lease Funding Inc), Friedman Billings Ramsey Group Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), including Redemption Price and Repayment Price, or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to or on each due date of the principal ofof (and premium, any premium if any) or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent (other than the Trustee) for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 2 contracts
Samples: Indenture (Chemtura CORP), Indenture (HomeCare Labs, Inc.)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any) or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are of Securities is payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any) or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 2 contracts
Samples: Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series Series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal of, any of (and premium or interest Make-Whole Amount, if any), or interest, if any, on or Additional Amounts with respect to any of the Securities of such seriesthat Series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series Series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such seriesSeries) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, interest if any) or Additional Amounts interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company or the Guarantor, as the case may be, shall have one or more Paying Agents for any series Series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal of, any of (and premium or interest Make-Whole Amount, if any), or interest, if any, on or any Additional Amounts with respect to any Securities of such seriesthat Series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount, if any, or interest, if any, and (unless such Paying Agent is the Trustee) the Company of the Guarantor, as the case may be, will promptly notify the Trustee in writing of its action or failure so to act. The Company shall or the Guarantor, as the case may be, will cause each Paying Agent for any series Series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 2 contracts
Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount, if any, or interest and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Indenture (First Industrial Realty Trust Inc), Indenture (First Industrial Realty Trust Inc)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount, if any, or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Centerpoint Properties Trust, Centerpoint Properties Trust
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallthe Issuer will, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallthe Issuer will, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shallwill, on or before each due date of the principal of, any premium premium, if any, or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any principal, premium, if any, interest or Additional Amounts Amounts, as the case may be, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company and the Guarantors shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to before each due date of the principal of, any premium premium, if any, or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and any principal, premium, if any, interest or Additional and additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company and the Guarantors will promptly notify the Trustee in writing of its action or failure so to act. The Company shall and the Guarantors will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Harley Davidson Inc)
Money for Securities Payments to Be Held in Trust. If the ------------------------------------------------- Company or the Guarantor shall at any time act acts as its own Paying Agent with respect to any series of Securitiesany Securities and any coupons appertaining thereto, it shall, on or before each due date of the principal of, any of (and premium or Make-Whole Amount, if any, on) or interest on or Additional Amounts with respect to Amounts, if any, on any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) ----------- sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have has one or more Paying Agents for any series of SecuritiesSecurities and any coupons appertaining thereto, it shall, on or prior to before each due date of the principal of, any of (and premium or Make-Whole Amount, if any, on) or interest or Additional Amounts, if any, on or any Additional Amounts with respect to any Securities of such series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 1 contract
Samples: Indenture (Homestead Village Inc)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal of, any of (and premium or interest Make-Whole Amount, if any), or interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, interest if any) or Additional Amounts interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal of, any of (and premium or interest Make-Whole Amount, if any), or interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount, if any, or interest, if any, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Boston Properties LTD Partnership
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, by no later than 12 noon Eastern Standard Time on or before the day prior to each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold holder in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amount, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action premium or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:interest or Additional Amounts and
Appears in 1 contract
Samples: SDL Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Trust shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Trust shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Trust will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Trust will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Partnership shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so 62 69 becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Partnership will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Summit Properties Partnership L P
Money for Securities Payments to Be Held in Trust. If ------------------------------------------------- the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with respect to on, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons Per sons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any) or interest on or any Additional Amounts with respect to on, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding pre- ceding paragraph) sufficient to pay the principal (and any premium, interest if any) or Additional Amounts interest, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal (and premium, if any) or interest and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: NVR Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own the Company’s Paying Agent with respect to any series of Securities, it shall, on or before each due date of the principal of, any premium or interest on or Additional Amounts with respect to to, any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such series) sufficient to pay the principal or any premium, interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shall, on or prior to each due date of the principal of, any premium or interest on or any Additional Amounts with respect to to, any Securities of such series, deposit with any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and or any premium, interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 1 contract
Samples: Reconciliation And (Bbva Subordinated Capital, S.A. Unipersonal)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-whole Amount, any premium if any), or interest on or Additional Amounts with Amounts, if any, in respect to of any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal or any premium, interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with Amounts, if any, in respect to of any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount, if any, or interest or Additional Amounts, if any, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 10.3, that such Paying Agent shall:will
Appears in 1 contract
Samples: Commercial Net Lease Realty Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it shallwill, on or before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as may otherwise be specified pursuant to Section 3.1 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal of (or any premium, interest if any) or Additional Amounts interest, if any, on Securities of such series so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to or on each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal and any (or premium, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause the bank through which payment of funds to the Paying Agent will be made to deliver to the Paying Agent by 10:00 a.m. (New York Time) two Business Days prior to the due date of such payment an irrevocable confirmation (by tested telex or authenticated Swift MT 100 Message) of its intention to make such payment. The Company will cause each Paying Agent (other than the Trustee) for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (CI Financial Corp.)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, it shallwill, on or before each due date of the principal of, of or any premium or interest on on, or any Additional Amounts with respect to to, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or and any premium, premium and interest or and Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesand any related Coupons, it shallwill, on or prior to each due date of the principal of, of or any premium or interest on on, or any Additional Amounts with respect to to, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies described Currencies in which the preceding paragraphSecurities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series)) sufficient to pay the principal and any premium, interest or Additional Amounts so becoming duesuch amount, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for the Securities of any series of Securities series, other than the Trustee Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will (i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent, (ii) during the continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any payment in respect of the Securities of that series, and upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities of that series, and (iii) hold all sums held by it for the payment of the principal of, any premium or interest on or any Additional Amounts with respect to Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as provided in or pursuant to this Indenture. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums 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 money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or any premium or interest on or any Additional Amounts with respect to any Security of any series or any Coupon appertaining thereto and remaining unclaimed for two years after such principal, premium or interest or Additional Amount has become due and payable shall be paid to the Company upon Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in an Authorized Newspaper in each Place of Payment for such series or mailed to Holders of Registered Securities entitled to such money notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Sola International Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and 65 (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 1003, that such Paying Agent shall:will
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to the Securities of any series of Securitiesseries, it shallwill, on or before each due date of the principal of, of or any premium or interest on on, or any Additional Amounts with respect to to, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or and any premium, premium and interest or and Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesand any related Coupons, it shallwill, on or prior to each due date of the principal of, of or any premium or interest on on, or any Additional Amounts with respect to to, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies described Currencies in which the preceding paragraphSecurities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series)) sufficient to pay the principal and any premium, interest or Additional Amounts so becoming duesuch amount, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for the Securities of any series of Securities series, other than the Trustee Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will (i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent, (ii) during the continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any payment in respect of the Securities of that series, and upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities of that series, and (iii) hold all sums held by it for the payment of the principal of, any premium or interest on or any Additional Amounts with respect to Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as provided in or pursuant to this Indenture. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums 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 money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or any premium or interest on or any Additional Amounts with respect to any Security of any series or any Coupon appertaining thereto and remaining unclaimed for two years after such principal, premium or interest or Additional Amount has become due and payable shall be paid to the Company upon Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being -------- ------- required to make any such repayment, may at the expense of the Company cause to be published once in an Authorized Newspaper in each Place of Payment for such series or mailed to Holders of Registered Securities entitled to such money notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Covenants (Sola International Inc)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Corporation shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it shallwill, on or before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal of (or any premium, interest if any) or Additional Amounts interest, if any, on 52 Securities of such series so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Corporation shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to 10:00 a.m. (local time at the place of payment) on each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies described in the preceding paragraph) sufficient to pay the principal and any (or premium, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Corporation will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Corporation will cause each Paying Agent (other than the Trustee) for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Transalta Corp)
Money for Securities Payments to Be Held in Trust. If the ------------------------------------------------- Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, interest if any) or Additional Amounts interested so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, or on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any) or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) paragraph sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due, such sum sums to be held paid in trust for the benefit of the Persons entitled theretoto such principal, and (unless such Paying Agent is the Trustee) the Company will promptly premium or Make-Whole Amount, notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Trinet Corporate Realty Trust Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent by 10:00 a.m. a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Arden Realty LTD)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act acts as its own Paying Agent with respect to any series of Securitiesany Securities and any coupons appertaining thereto, it shall, on or before each due date of the principal of, any of (and premium or Make-Whole Amount, if any, on) or interest on or Additional Amounts with respect to Amounts, if any, on any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have has one or more Paying Agents for any series of SecuritiesSecurities and any coupons appertaining thereto, it shall, on or prior to before each due date of the principal of, any of (and premium or Make-Whole Amount, if any, on) or interest or Additional Amounts, if any, on or any Additional Amounts with respect to any Securities of such series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 1 contract
Samples: Security Capital Atlantic Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any particular series of Securities, it shall, on or before each due date of the principal ofof (and premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, interest or Additional Amounts if any) and interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing for the Securities of such series of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any particular series of Securities, it shall, on or prior to each due date of the principal ofof (and premium, if any) or interest, if any, on any premium or interest on or any Additional Amounts such Securities, deposit with respect to any a Paying Agent for the Securities of such series, deposit with any Paying Agent series a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, interest or Additional Amounts if any) and interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the TrusteeTrustee for the Securities of such series) the Company will Issuer shall promptly notify the such Trustee in writing of its action or failure so to act. The Company Issuer shall cause each Paying Agent for any particular series of Securities other than the Trustee for the Securities of such series to execute and deliver to the such Trustee an instrument in which such Paying Agent shall agree with the such Trustee, subject to the provisions of this SectionSection 1003, that such Paying Agent shall:
Appears in 1 contract
Samples: Indenture (Acadia Realty Trust)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent PAYING AGENT with respect to any series of Securities, it shall, on or before each due date of the principal of, any premium or interest on or Additional Amounts with respect to any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any premium, interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents PAYING AGENTS for any series of Securities, it shall, on or prior to each due date of the principal of, any premium or interest on or any Additional Amounts with respect to any Securities of such series, deposit with any Paying Agent PAYING AGENT a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and or any premium, interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent PAYING AGENT is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company Issuer shall cause each Paying Agent PAYING AGENT for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent PAYING AGENT shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent PAYING AGENT shall:
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company Issuer, the Guarantor or an Affiliate of the Issuer or the Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities, it shallwill, on or before each due date of the principal ofof (and premium, any premium or interest if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any of (and premium, interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium or interest if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal of (and any premium, interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 1003, that such Paying Agent shall:will
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the ------------------------------------------------- Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, Make-Whole Amount, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Frontier Corp /Ny/
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related Coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any, on) or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) series sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related Coupons, it shallwill, on or prior to or on each due date of the principal ofof (and premium, any premium if any, on) or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent (other than the Trustee) for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Newell Co)
Money for Securities Payments to Be Held in Trust. 57- If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Friedmans Management Corp
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related Coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related Coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Indenture (Simon Property Group Lp)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company, the Trustee shall serve as the Paying Agent and conversion agent (if any) for the Securities. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premiums or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any Paying a Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 311(b), 311(d) and 311(e)) sufficient to pay the principal or any of (and premium, interest or Additional Amounts if any) and interest, if any, on Securities of such series so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal and any (or premium, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent for any series of Securities other than the Trustee to execute and deliver pay, to the Trustee an instrument all sums held in trust by the Company or such Paying Agent, such sums 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 agree be released from all further liability with respect to such sums. Except as otherwise provided in the Securities of any series, any money deposited with the TrusteeTrustee or any Paying Agent, subject or then held by the Company, in trust for the payment of the principal of (or premium, if any) or interest, if any, on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the provisions Company upon Company Request or (if then held by the Company) shall be discharged from such trust; and the Holder of this Sectionsuch Security shall thereafter, that as an unsecured general creditor, look only to the Company for payment of such principal, premium or interest on any Security, without interest thereon, and all liability of the Trustee or such Paying Agent shall:with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease.
Appears in 1 contract
Samples: Lci International Inc /Va/
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons Person or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Centerpoint Properties Corp
Money for Securities Payments to Be Held in Trust. 53 If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 10.3, that such Paying Agent shall:will
Appears in 1 contract
Samples: Indenture (Price Legacy Corp)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own the Company’s Paying Agent with respect to any series of Securities, it shall, on or before each due date of the principal of, any premium or interest on or Additional Amounts with respect to to, any of the Securities of such series, segregate and hold in trust for the benefit of 72 the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such series) sufficient to pay the principal or any premium, interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shall, on or prior to each due date of the principal of, any premium or interest on or any Additional Amounts with respect to to, any Securities of such series, deposit with any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and or any premium, interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 1 contract
Samples: Indenture (BBVA International Preferred, S.A. Unipersonal)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal or any of (and premium, interest or Additional Amounts if any) and interest, if any, on Securities of such series so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act; provided that if such deposit is made on the due date, such deposit shall be received by the Paying Agent by 10:00 a.m. New York City time, on such date. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal and any (or premium, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent for any series of Securities other than the Trustee to execute and deliver pay, to the Trustee an instrument all sums held in trust by the Company or such Paying Agent, such sums 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, the Company and any such Paying Agent shall agree be released from all further liability with respect to such sums. Except as otherwise provided in the Securities of any series, any money deposited with the TrusteeTrustee or any Paying Agent, subject or then held by the Company, in trust for the payment of the principal of (or premium, if any) or interest, if any, on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the provisions Company upon Company Request or (if then held by the Company) shall be discharged from such trust; and the Holder of this Sectionsuch Security shall thereafter, that as an unsecured general creditor, look only to the Company for payment of such principal, premium or interest on any Security, without interest thereon, and all liability of the Trustee or such Paying Agent shall:with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Jetblue (Jetblue Airways Corp)
Money for Securities Payments to Be Held in Trust. If the Company Issuer or the a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shall, on or before each due date of the principal of, of or any premium or interest on or Additional Amounts with respect to any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal or and any premium, premium and interest or (and Additional Amounts and Successor Additional Amounts) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall promptly notify the Trustee in writing of its action or failure so to act. 57 Whenever the Company Issuer shall have one or more Paying Agents for any series of Securities, it shall, on or prior to each due date of the principal of, of or any premium or interest on or any (and Additional Amounts with respect to and Successor Additional Amounts) on any Securities of such series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay such amount and with sufficient time to meet any applicable payment system deadline to make such payment in respect of the principal and any premium, interest or Additional Amounts so becoming dueSecurities of each such series, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal or any premium or interest, and (unless such Paying Agent is the Trustee) the Company will Issuer shall promptly notify the Trustee in writing of its action or failure so to act. The Company Issuer shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall (1) hold all sums held by it for the payment of the principal of, premium, if any, or interest (or Additional Amounts or Successor Additional Amounts) on Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided, (2) give the Trustee notice of any default by the Issuer (or any other obligor upon the Securities of such series) in the making of any payment of principal, premium, if any, or interest (or Additional Amounts or Successor Additional Amounts) on the Securities of such series or any Guarantee and (3) during the continuance of any default by the Issuer or a Guarantor (or any other obligor upon the Securities of such series) in the making of any payment in respect of the Securities of such series or any Guarantee, upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities of such series or such Guarantee(s). The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Issuer 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 money. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer or a Guarantor, in trust for the payment of the principal of or any premium or interest (or Additional Amounts or Successor Additional Amounts) on any Security of any series and remaining unclaimed for two years after such principal, premium, interest (or Additional Amounts or Successor Additional Amounts) has become due and payable shall:, upon receipt of a Issuer Request, be paid to the Issuer or a Guarantor by the Trustee or such Paying Agent, or (if then held by the Issuer or a Guarantor) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Issuer or a Guarantor for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer or such Guarantor as trustee thereof, shall thereupon cease.
Appears in 1 contract
Samples: Amcor Flexibles North America, Inc.
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Partnership shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Partnership will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any premium or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any of (and premium, interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any premium or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and any premium, interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:preceding
Appears in 1 contract
Samples: Piedmont Office Realty Trust, Inc.
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable or, in the case of interest payable in the form of additional Securities, such additional Securities, duly executed by the Company and authenticated by the Trustee (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)), sufficient to pay the principal or any (and premium, interest or Additional Amounts if any) and interest, if any, on Securities of such series so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies described in the preceding paragraph) ), or, in the case of interest payable in the form of additional Securities, such additional Securities, duly executed by the Company and authenticated by the Trustee, sufficient to pay the principal and any (or premium, interest if any) or Additional Amounts interest, if any, so becoming due, such sum of money to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each may at any time, for the purpose of obtaining the satisfaction and discharge of this Form of Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent for any series of Securities other than the Trustee to execute and deliver pay, to the Trustee an instrument all sums of money held in trust by the Company or such Paying Agent, such sums 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 agree be released from all further liability with respect to such sums. Except as otherwise provided in the Securities of any series, any money (or additional Securities) deposited with the TrusteeTrustee or any Paying Agent, subject or then held by the Company, in trust for the payment of the principal of (or premium, if any) or interest, if any, on any Security of any series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid (or delivered) to the provisions Company upon Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of this Sectionsuch Security or any coupon appertaining thereto shall thereafter, that as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent shall:with respect to such money (or additional Securities) held in trust, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Medallion Financial Corp
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. -57- The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Centerpoint Properties Trust
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action section or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Indenture (Frontier Corp /Ny/)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series Series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal of, any of (and premium or interest Make-Whole Amount, if any), or interest, if any, on or Additional Amounts with respect to any of the Securities of such seriesthat Series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series Series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such seriesSeries) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, interest if any) or Additional Amounts interest, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series Series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal of, any of (and premium or interest Make-Whole Amount, if any), or interest, if any, on or any Additional Amounts with respect to any Securities of such seriesthat Series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or Make-Whole Amount, if any, or interest, if any, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series Series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Boston Properties LTD Partnership
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related Coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any, on) or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related Coupons, it shallwill, on or prior to or on each due date of the principal ofof (and premium, any premium if any, on) or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent (other than the Trustee) for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Newell Co
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Corporation shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related Coupons, it shallwill, on or before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal of (or any premium, interest if any) or Additional Amounts interest, if any, on Securities of such series so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Corporation shall have one or more Paying Agents for any series of SecuritiesSecurities and any related Coupons, it shallwill, on or prior to 10:00 am (local time at the place of payment) on each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies described in the preceding paragraph) sufficient to pay the principal and any (or premium, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company Corporation will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Corporation will cause each Paying Agent (other than the Trustee) for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Transalta Corp)
Money for Securities Payments to Be Held in Trust. If ------------------------------------------------- the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e) ) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Indenture (Worldcom Inc /Ga/)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesAgent, it shallwill, on or before each due date of the principal of, of or any premium or interest (including Additional Interest, if any) on or Additional Amounts with respect to any of the Securities of such seriesSecurities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal principal, Redemption Price and Fundamental Change Purchase Price of, and any premium or any premiuminterest (including Additional Interest, interest or Additional Amounts if any), on the Securities so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesAgents, it shallwill, on or prior to each due date of the principal principal, Redemption Price and Fundamental Change Purchase Price of, or any premium or interest (including Additional Interest, if any), on or any Additional Amounts with respect to any Securities of such seriesSecurities, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and any premium, interest or Additional Amounts so becoming duesuch amount, such sum to be held in trust for as provided by the benefit of the Persons entitled theretoTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 4.03, that such Paying Agent will (a) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent (b) that it will hold all sums held by it as such agent for the payment of the principal of or interest (including Additional Interest, if any), on the Securities (whether such sums have been paid to it by the Company or by any other obligor on the Securities) in trust for the benefit of Holders; (c) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities) to make any payment of the principal, Redemption Price and Fundamental Change Purchase Price of, or interest (including Additional Interest, if any), on the Securities when the same shall be due and payable; and (d) during the continuance of any default by the Company (or any other obligor upon the Securities) in the making of any payment in respect of the Securities, upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities. The Company shall:, on or before each due date of the principal, Redemption Price and Fundamental Change Purchase Price of or interest (including Additional Interest, if any), on the Securities, deposit with the paying agent a sum (in funds which are immediately available on the due date for such payment) sufficient to pay such principal, Redemption Price and Fundamental Change Purchase Price of, or interest (including Additional interest, if any) on the Securities, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of any failure to take such action; provided, however, that if such deposit is made on the due date, such deposit shall be received by the Paying Agent by 10:00 a.m. New York City time, on such date. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums 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 money.
Appears in 1 contract
Samples: Indenture (Grubb & Ellis Co)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shallwill, on or before each due date of the principal of, any premium premium, if any, or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any principal, premium, if any, interest or Additional Amounts Amounts, as the case may be, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company and the Guarantor shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to before each due date of the principal of, any premium premium, if any, or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and any principal, premium, if any, interest or Additional and additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company and the Guarantor will promptly notify the Trustee in writing of its action or failure so to act. The Company shall and the Guarantor will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 1003, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Harley Davidson Inc)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities, it shallwill, on or before each due date of the principal ofof (and premium or Make-Whole Amount, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such 55 series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to before each due date of the principal ofof (and premiums or Make-Whole Amount, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any Paying a Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Indenture (Amb Property Lp)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shallwill, on or before each due date of the principal Amount Payable at Maturity or Cash Interest or any other amounts due on, or in respect of, any premium or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal Amount Payable at Maturity or Cash Interest or any premium, interest or Additional Amounts other amounts so becoming due until such sums sum shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shallwill, on or prior to each due date of the principal Amount Payable at Maturity or Cash Interest or any other amounts due on, or in respect of, any premium or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and Amount Payable at Maturity or Cash Interest or any premium, interest or Additional Amounts other amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such Amount Payable at Maturity or Cash Interest or any other amounts due on, or in respect of, any Securities and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Inco LTD
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any premium or interest on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any of (and premium, interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any premium or interest on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal of (and any premium, interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal of (and premium, if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this SectionSection 1003, that such Paying Agent shall:will
Appears in 1 contract
Money for Securities Payments to Be Held in Trust. If ------------------------------------------------- the Company or the Guarantor shall at any time act acts as its own Paying Agent with respect to any series of Securitiesany Securities and any coupons appertaining thereto, it shall, on or before each due date of the principal of, any of (and premium or Make- Whole Amount, if any, on) or interest on or Additional Amounts with respect to Amounts, if any, on any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of ----------- such series) sufficient to pay the principal (and premium or any premiumMake-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have has one or more Paying Agents for any series of SecuritiesSecurities and any coupons appertaining thereto, it shall, on or prior to before each due date of the principal of, any of (and premium or Make-Whole Amount, if any, on) or interest or Additional Amounts, if any, on or any Additional Amounts with respect to any Securities of such series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will shall promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 1 contract
Samples: Homestead Village Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Partnership shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which 62 69 the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Partnership shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Partnership will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Partnership will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Gables Realty Limited Partnership
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 3.01 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Indenture Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Indenture Trustee) the Company will promptly notify the Indenture Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:.
Appears in 1 contract
Samples: Lexington Corporate Properties Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it shall, on or before each due date of the principal of, any premium (if any) or interest on or Additional Amounts with respect to any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 for the Securities of such series) sufficient to pay the principal or any premium, interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it shall, on or prior to each due date of the principal of, any premium (if any) or interest on or any Additional Amounts with respect to any Securities of such series, deposit with any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal and any premiumprincipal, premium (if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall cause each Paying Agent for any series of Securities other than the Trustee or the Company to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:
Appears in 1 contract
Samples: Indenture (Sirius International Insurance Group, Ltd.)
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of SecuritiesSecurities and any related coupons, it shallwill, on or before each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or Additional Amounts with respect to any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal of (or any premium, interest if any) or Additional Amounts interest, if any, on Securities of such series so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, provided and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to or on each due date of the principal ofof (or premium, any premium if any) or interest interest, if any, on or any Additional Amounts with respect to any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal and any (or premium, interest if any) or Additional Amounts interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent (other than the Trustee) for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Encana Corp
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor Issuer shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, by no later than 12 noon Eastern Standard Time on or before the day prior to each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold holder in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such series) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amount, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company shall Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Novellus Systems Inc)
Money for Securities Payments to Be Held in Trust. If ------------------------------------------------- the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any), or interest on or Additional Amounts with in respect to of, any of the Securities of such that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 3.1 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it shallwill, on or prior to before each due date of the principal ofof (and premium, any premium if any), or interest on or any Additional Amounts with in respect to of, any Securities of such that series, deposit with any a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shall:will
Appears in 1 contract
Samples: Level 3 Communications Inc
Money for Securities Payments to Be Held in Trust. If the Company or the Guarantor shall at any time act as its own Paying Agent with in respect to of any series of Securities, it shallwill, on or before each due date of the principal ofof (and premium, any premium if any) or interest on or Additional Amounts with respect to on, any of the Securities of such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant with respect to Section 3.1 for the Securities of such seriesseries pursuant to Section 3.01) sufficient to pay the ------------ principal or any (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and shall will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for the Securities of any series of Securitiesseries, it shallwill, on or prior to each due date of the principal ofof (and premium, if any) or interest on, any premium or interest on or any Additional Amounts with respect to any of the Securities of such series, deposit with any a Paying Agent for the Securities of such series a sum (in the currency or currencies, currency unit or units or composite currency in which the Securities of such series are payable (except as otherwise specified with respect to the Securities of such series pursuant to Section 3.01 or currencies described in the preceding paragraphas otherwise provided by Section 10.02) ------------ ------------- sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled theretoto such principal, premium or interest, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee in writing of its action or failure so to act. The Company shall will cause each Paying Agent for the Securities of any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section, that such Paying Agent shallwill:
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
