No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 11 contracts
Samples: Indenture (Tech Data Corp), Indenture (Tech Data Corp), Indenture (Alphabet Inc.)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 8 contracts
Samples: Indenture (Myriad Genetics Inc), Indenture (TAL INTERNATIONAL CONTAINER Corp), Triton Container (TAL INTERNATIONAL CONTAINER Corp)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company Issuer on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company Issuer has received notice of such default. The Company Issuer may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the CompanyIssuer, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 6 contracts
Samples: Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 5 contracts
Samples: Indenture (LHC Group, Inc), Indenture (Aircastle LTD), Indenture (Pdi Inc)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.0114.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.0314.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 4 contracts
Samples: Shake Shack Inc., Shake Shack Inc., Shake Shack Inc.
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (JD.com, Inc.), Indenture (JD.com, Inc.), Indenture (Baidu, Inc.)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior IndebtednessIndebtedness and it has received a written notice from the Company pursuant to Section 15.06 hereof that verifies the notice from the holders of the Senior Indebtedness and confirms that such payments subject to such notice are prohibited under this Article XV and to instruct the Trustee to make the payments as provided for in such Company Order.
Appears in 4 contracts
Samples: Indenture (WiMi Hologram Cloud Inc.), Indenture (MicroCloud Hologram Inc.), Indenture (Fanhua Inc.)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.0112.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.0312.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 3 contracts
Samples: Indenture (Western Digital Corp), Western Digital Technologies Inc, Graftech International LTD
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.0116.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when the Trustee actually knows such payment is prohibited by the preceding paragraph of this Section 15.0316.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 3 contracts
Samples: s23.q4cdn.com, s23.q4cdn.com, s23.q4cdn.com
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.0113.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.0313.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Seacor Holdings Inc /New/), Era Group Inc.
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company Companies on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company Companies has received notice of such default. The Company Companies may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the such Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Samples: NXP Semiconductors N.V., NXP Funding LLC
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company Issuers on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company Issuers has received notice of such default. The Company Issuers may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the CompanyIssuers, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.015.01, no payment by the Company on account of principal of (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (ia) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (iib) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal of (premium, if any), sinking funds and interest interest, if any, on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.035.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Energy Fuels Inc), Energy Fuels Inc
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company Issuer on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company Issuer has received notice of such default. The Company Issuer may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the CompanyIssuer, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (SL Green Operating Partnership, L.P.), SL Green Operating Partnership, L.P.
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01In the event and during the continuation of (i) a Company default in the payment of any principal, no payment by the Company on account of principal (interest, if any or premium, if any), sinking funds or interest, if any, any Additional Amounts on the Securities shall be made at anytime if: (i) a default on any Senior Indebtedness exists that permits when the holders of such Senior Indebtedness to accelerate its same becomes due and payable, whether at maturity and or at a date fixed for repayment or declaration or otherwise or (ii) an event of default with respect to any Senior Indebtedness permitting the default is holders thereof to accelerate the subject of judicial proceedings or the Company has received maturity thereof and written notice of such default. The Company may resume event of default (requesting that payments on the Securities when full cease) is given to the Company by the holders of Senior Indebtedness, then unless and until such default in payment or event of amounts then due for principal default shall have been cured or waived or shall have ceased to exist, no direct or indirect payment (premiumin cash, if any)property or securities, sinking funds and interest on Senior Indebtedness has been by set-off or otherwise) shall be made or duly provided for agreed to be made on account of the Junior Subordinated Debt or interest thereon or in money respect of any repayment, redemption. retirement, purchase or money’s worthother acquisition of Junior Subordinated Debt. In the event that, notwithstanding the foregoing, the Company shall make any payment shall be received by to the Trustee when such payment is or the Holder of any Security prohibited by the preceding paragraph foregoing provisions of this Section 15.03Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be held in trust for the benefit of, and shall be paid over or and delivered to, the holders of such Senior Indebtedness or their respective representatives, or forthwith to the trustee or trustees under Company. 61 The provisions of this Section shall not apply to any indenture pursuant payment with respect to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall Section 12.02 would be paid to the holders of such Senior Indebtednessapplicable.
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior IndebtednessIndebtedness and it has received a written notice from the Company pursuant to Section 15.06 hereof that verifies the notice from the holders of the Senior Indebtedness and confirms that payments subject to such notice are prohibited under this Article XV and to instruct the Trustee to make the payments as provided for in such Company Order.
Appears in 1 contract
Samples: Indenture (iQIYI, Inc.)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.. Section 15.04
Appears in 1 contract
Samples: Vectrus, Inc.
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.. Table of Contents Exhibit 4.7.1
Appears in 1 contract
Samples: Indenture (Healthsouth Corp)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worthother immediately available funds. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company Issuer on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company Issuer has received notice of such default. The Company Issuer may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the CompanyIssuer, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Samples: J C Penney Co Inc
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has received notice of such default. The Company may resume payments on the Securities when full payment of amounts then due for principal (and premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.. Section 15.04
Appears in 1 contract
Samples: KEMPER Corp
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company Companies on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company has Companies have received notice of such default. The Company Companies may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the CompanyCompanies, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Samples: Triton International LTD
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01In the event and during the continuation of (i) a Company default in the payment of any principal, no payment by the Company on account of principal (interest, if any or premium, if any), sinking funds or interest, if any, any Additional Amounts on the Securities shall be made at anytime if: (i) a default on any Senior Indebtedness exists that permits when the holders of such Senior Indebtedness to accelerate its same becomes due and payable, whether at maturity and or at a date fixed for prepayment or declaration or otherwise or (ii) an event of default with respect to any Senior Indebtedness permitting the default is holders thereof to accelerate the subject of judicial proceedings or the Company has received maturity thereof and written notice of such default. The Company may resume event of default (requesting that payments on the Securities when full cease) is given to the Company by the holders of Senior Indebtedness, then unless and until such default in payment or event of amounts then due for principal default 110 shall have been cured or waived or shall have ceased to exist, no direct or indirect payment (premiumin cash, if any)property or securities, sinking funds and interest on Senior Indebtedness has been by set-off or otherwise) shall be made or duly provided for agreed to be made on account of the Junior Subordinated Debt or interest thereon or in money respect of any repayment, redemption, retirement, purchase or money’s worthother acquisition of Junior Subordinated Debt. In the event that, notwithstanding the foregoing, the Company shall make any payment shall be received by to the Trustee when such payment is or the Holder of any Security prohibited by the preceding paragraph foregoing provisions of this Section 15.03Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be held in trust for the benefit of, and shall be paid over or and delivered to, the holders of such Senior Indebtedness or their respective representatives, or forthwith to the trustee or trustees under Company. The provisions of this Section shall not apply to any indenture pursuant payment with respect to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall Section 12.02 would be paid to the holders of such Senior Indebtednessapplicable.
Appears in 1 contract
Samples: Indenture (Amerus Life Holdings Inc)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to the following paragraph of this Section, if (a)(i) there shall have occurred a default in payment on account of the principal of, or premium, if any, or interest, if any, on or other monetary amounts due and payable on any Senior Indebtedness, or (ii) any other default shall have occurred concerning any Senior Indebtedness which permits the holder or holders thereof to accelerate the maturity of such Senior Indebtedness following notice, the lapse of time, or both; (b) in the event any judicial proceeding shall be pending with respect to any such default in payment or event of default referred to in clause (a) above that shall be deemed to have occurred for the purpose of this Section; or (c) during any time Senior Indebtedness is outstanding, the principal of and premium, if any, and accrued interest, if any, on, any series of Subordinated Securities shall have been declared due and payable upon an Event of Default pursuant to Section 15.018.02 hereof (and such declaration shall not have been rescinded or annulled pursuant to this Indenture); then, unless and until such default shall have been cured or waived or shall have ceased to exist, or such declaration shall have been waived, rescinded or annulled, no payment (including any payment which may be payable by reason of the payment of any other indebtedness of the Company being subordinated to the payment of the Subordinated Securities) shall be made by the Company on account of the principal (of, or premium, if any), sinking funds or interest, if any, on the Subordinated Securities or on account of the purchase or other acquisition of Subordinated Securities; provided, however, that nothing in this Section shall prevent the satisfaction of any sinking fund payment in accordance with ARTICLE 5 by delivering and crediting pursuant to Section 5.02 Outstanding Securities which have been acquired (upon redemption or otherwise) prior to such default in payment or event of default. No default in payment or event of default with respect to any Senior Indebtedness shall be made at anytime if: (i) deemed to be a default on Senior Indebtedness exists that permits in payment or event of default of the holders kind specified in clause (a)(i) or (a)(ii) of this Section, and no judicial proceeding with respect to any such default in payment or event of default shall be deemed to be a judicial proceeding of the kind specified in clause (b) of this Section, if (x) the Company shall be disputing the occurrence or continuation of such Senior Indebtedness default in payment or event of default, or any obligation purportedly giving rise to accelerate its maturity such default in payment or event of default, and (iiy) no final judgment holding that such default in payment or event of default has occurred and is continuing shall have been issued. For this purpose, a “final judgment” means a judgment that is issued by a court of competent jurisdiction, is binding on the default Company, is in full force and effect and is not subject to judicial appeal or review (including, without limitation, because the time within which a party may seek appeal or review has expired); provided, that, if any such judgment has been issued but is subject of to judicial proceedings appeal or review, it shall nevertheless be deemed to be a final judgment unless the Company has received notice of shall in good faith be prosecuting such default. The Company may resume payments on the Securities when full payment of amounts then due appeal or a proceeding for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worthsuch review. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.0313.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (United Natural Foods Inc)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01In the event and during the continuation of (i) a Company default in the payment of any principal, no payment by the Company on account of principal (interest, if any or premium, if any), sinking funds or interest, if any, any Additional Amounts on the Securities shall be made at anytime if: (i) a default on any Senior Indebtedness exists that permits when the holders of such Senior Indebtedness to accelerate its same becomes due and payable, whether at maturity and or at a date fixed for prepayment or declaration or otherwise or (ii) an event of default with respect to any Senior Indebtedness permitting the default is holders thereof to accelerate the subject of judicial proceedings or the Company has received maturity thereof and written notice of such default. The Company may resume event of default (requesting that payments on the Securities when full cease) is given to the Company by the holders of Senior Indebtedness, then unless and until such default in payment or event of amounts then due for principal default shall have been cured or waived or shall have ceased to exist, no direct or indirect payment (premiumin cash, if any)property or securities, sinking funds and interest on Senior Indebtedness has been by set-off or otherwise) shall be made or duly provided for agreed to be made on account of the Junior Subordinated Debt or interest thereon or in money respect of any repayment, redemption, retirement, purchase or money’s worthother acquisition of Junior Subordinated Debt. In the event that, notwithstanding the foregoing, the Company shall make any payment shall be received by to the Trustee when such payment is or the Holder of any Security prohibited by the preceding paragraph foregoing provisions of this Section 15.03Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be held in trust for the benefit of, and shall be paid over or and delivered to, the holders of such Senior Indebtedness or their respective representatives, or forthwith to the trustee or trustees under Company. The provisions of this Section shall not apply to any indenture pursuant payment with respect to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall Section 12.02 would be paid to the holders of such Senior Indebtednessapplicable.
Appears in 1 contract
Samples: Amerus Life Holdings Inc
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01In the event and during the continuation of (i) a Company default in the payment of any principal, no payment by the Company on account of principal (interest, if any or premium, if any), sinking funds or interest, if any, any Additional Amounts on the Securities shall be made at anytime if: (i) a default on any Senior Indebtedness exists that permits when the holders of such Senior Indebtedness to accelerate its same becomes due and payable, whether at maturity and or at a date fixed for repayment or declaration or otherwise or (ii) an event of default with respect to any Senior Indebtedness permitting the default is holders thereof to accelerate the subject of judicial proceedings or the Company has received maturity thereof and written notice of such default. The Company may resume event of default (requesting that payments on the Securities when full cease) is given to the Company by the holders of Senior Indebtedness, then unless and until such default in payment or event of amounts then due for principal default shall have been cured or waived or shall have ceased to exist, no direct or indirect payment (premiumin cash, if any)property or securities, sinking funds and interest on Senior Indebtedness has been by set-off or otherwise) shall be made or duly provided for agreed to be made on account of the Junior Subordinated Debt or interest thereon or in money respect of any repayment, redemption. retirement, purchase or money’s worthother acquisition of Junior Subordinated Debt. In the event that, notwithstanding the foregoing, the Company shall make any payment shall be received by to the Trustee when such payment is or the Holder of any Security prohibited by the preceding paragraph foregoing provisions of this Section 15.03Section, and if such fact shall, at or prior to the time of such payment, have been made known to the Trustee or, as the case may be, such Holder, then and in such event such payment shall be held in trust for the benefit of, and shall be paid over or and delivered to, the holders of such Senior Indebtedness or their respective representatives, or forthwith to the trustee or trustees under Company. The provisions of this Section shall not apply to any indenture pursuant payment with respect to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall Section 12.02 would be paid to the holders of such Senior Indebtednessapplicable.
Appears in 1 contract
Samples: Indenture (Metris Companies Inc)
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no The Issuer shall not make any payment by the Company on account of the principal (of, or premium, if any), sinking funds or interestinterest on the Securities if, at the time thereof or immediately after giving effect thereto, there exists (and has not been waived) any default in the payment of principal of, premium, if any, or interest on the Securities shall be made at anytime if: (i) a default on any Senior Indebtedness exists that permits the holders or any event of such default with respect to any Senior Indebtedness as defined therein (after giving effect to accelerate its maturity the giving of notice and (iiany grace period provided for therein) or in any agreement pursuant to which any Senior Indebtedness is issued and the default is the subject of a judicial proceedings proceeding or the Company has received Issuer receives notice of such default. The Company may resume payments on the default from any holder of Senior Indebtedness or any trustee therefor; provided, however, that in the event the Securities when full have been declared due and payable pursuant to Section 5.1, the provisions of the next succeeding paragraph of this Section 14.2 shall be applicable. In the event that any Event of Default as defined in Section 5.1 shall occur (under such circumstances that the provisions of Section 14.3 are not applicable) and as a result the Securities then Outstanding are declared due and payable pursuant to Section 5.1, and such declaration shall not have been rescinded or annulled, the Issuer shall promptly cause notice thereof to be mailed to all holders of Senior Indebtedness whose names and addresses are known to the Issuer (and not later than said mailing date shall also cause notice thereof to be published at least once in one Authorized Newspaper in New York, New York), and the Issuer shall not make any payment on account of amounts then due for the principal (of, or premium, if any), sinking funds or interest on any Securities, unless at least 120 days shall have elapsed after said declaration and unless all principal of, premium, if any, and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In due at the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the Company, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days time of such payment (whether by acceleration of the amounts then due and owing on such Senior Indebtedness and only the amounts specified maturity thereof or otherwise) shall first be paid in such full. The Issuer shall give prompt written notice to the Trustee shall be paid to and any paying agent of the holders existence of such Senior Indebtednessany of the conditions described in this Section 14.2.
Appears in 1 contract
Samples: Chubb Capital Trust Iii
No Payment on Securities in Event of Default on Senior Indebtedness. Subject to Section 15.01, no payment by the Company Companies on account of principal (or premium, if any), sinking funds or interest, if any, on the Securities shall be made at anytime any time if: (i) a default on Senior Indebtedness exists that permits the holders of such Senior Indebtedness to accelerate its maturity and (ii) the default is the subject of judicial proceedings or the Company Companies has received notice of such default. The Company Companies may resume payments on the Securities when full payment of amounts then due for principal (premium, if any), sinking funds and interest on Senior Indebtedness has been made or duly provided for in money or money’s worth. In the event that, notwithstanding the foregoing, any payment shall be received by the Trustee when such payment is prohibited by the preceding paragraph of this Section 15.03, such payment shall be held in trust for the benefit of, and shall be paid over or delivered to, the holders of such Senior Indebtedness or their respective representatives, or to the trustee or trustees under any indenture pursuant to which any of such Senior Indebtedness may have been issued, as their respective interests may appear, as calculated by the CompanyCompanies, but only to the extent that the holders of such Senior Indebtedness (or their representative or representatives or a trustee) notify the Trustee in writing within 90 calendar days of such payment of the amounts then due and owing on such Senior Indebtedness and only the amounts specified in such notice to the Trustee shall be paid to the holders of such Senior Indebtedness.
Appears in 1 contract
Samples: Triton Container (TAL INTERNATIONAL CONTAINER Corp)