Common use of Non-Presentation of Notes Clause in Contracts

Non-Presentation of Notes. If the Holder of any Note fails to surrender the same for payment on the date on which the principal thereof (and premium, if any, thereon) and interest thereon or represented thereby becomes payable, and does not within such time accept payment in respect thereof or give receipt therefor, if any, as the Trustees may require: (a) the Issuer shall be entitled to pay or deliver to the Trustees and direct them to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Trustees in their absolute discretion for the payment thereof; or (b) in respect of monies deposited with the Trustees which may or should be applied to the payment of the Notes, the Issuer shall be entitled to direct the Trustees to set aside such monies; or (c) if the redemption was pursuant to a notice given by the Trustees, the Trustees may themselves set aside the monies in trust to be paid to the Holder of such Note upon due presentation or surrender thereof in accordance with the provisions of this Indenture, and thereupon the principal of (and premium, if any, on) or the interest payable on or represented by each Note in respect whereof such monies have been set aside shall be deemed to have been paid and thereafter such Notes will not be considered as outstanding under this Indenture and the Holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies so set aside by the Trustees (without interest) upon due presentation and surrender thereof of the relevant Note, subject always to the provisions of Section 9.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Trustees in accordance with Section 13.9.

Appears in 2 contracts

Samples: Trust Indenture (Wall2wall Media Inc.), Trust Indenture (Wall2wall Media Inc.)

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Non-Presentation of Notes. If In case the Holder holder of any Note fails shall fail to surrender present the same for payment on the date on which the principal thereof of, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Trustees Trustee may require: (a) the Issuer Corporation shall be entitled to pay or deliver to the Trustees Trustee and direct them it to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Trustees in their absolute discretion for the payment thereofaside; or (b) in respect of monies deposited with or Common Shares in the Trustees hands of the Trustee which may or should be applied to the payment of the Notes, the Issuer Corporation shall be entitled to direct the Trustees Trustee to set aside such moniesaside; or (c) if the redemption was pursuant to a notice given by the TrusteesTrustee, the Trustees Trustee may themselves itself set aside aside; the monies or Common Shares, as the case may be, in trust to be paid to the Holder holder of such Note upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of of, premium (and premium, if any, on) or the interest payable on or represented by each Note in respect whereof such monies or Common Shares, if applicable, have been set aside shall be deemed to have been paid and thereafter such Notes will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Common Shares, if applicable, so set aside by the Trustees (without interest) Trustee upon due presentation and surrender thereof of the relevant Notethereof, subject always to the provisions of Section 9.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Trustees in accordance with Section 13.98.3.

Appears in 1 contract

Samples: Indenture (Terrace Energy Corp)

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Non-Presentation of Notes. If In case the Holder holder of any Note fails shall fail to surrender present the same for payment on the date on which the principal thereof principal, premium (and premium, if any, thereon) and or the interest thereon or represented thereby becomes payable, and does payable either at maturity or otherwise or shall not within such time accept payment in respect on account thereof or and give such receipt therefor, if any, as the Trustees Note Trustee may require: (a) the Issuer Corporation shall be entitled to pay or deliver to the Trustees Note Trustee and direct them the Note Trustee to set aside such payment or the Issuer will be entitled to make provision in form satisfactory to the Trustees in their absolute discretion for the payment thereof; oraside; (b) in respect of monies deposited with or Shares in the Trustees hands of the Note Trustee which may or should be applied to the payment of the Notes, the Issuer Corporation shall be entitled to direct the Trustees Note Trustee to set aside such moniesaside; or (c) if the redemption was pursuant to a notice given by the TrusteesNote Trustee, the Trustees Note Trustee may themselves itself set aside aside, the monies or Shares, as the case may be, in trust to be paid to the Holder holder of such Note upon due presentation or surrender thereof in accordance with the provisions of this Indenture, ; and thereupon the principal of (and premium, if any, on) monies or the interest Shares payable on or represented by each Note in respect whereof such monies or Shares, if applicable, have been set aside shall be deemed to have been paid and thereafter such Notes will not be considered as outstanding under this Indenture and the Holder holder thereof shall thereafter have no right in respect thereof except that of receiving delivery and payment of the monies or Shares, if applicable, less applicable withholding taxes, (if any), so set aside by the Trustees (without interest) Note Trustee upon due presentation and surrender thereof of the relevant Notethereof, subject always to the provisions of Section 9.4. Any money so set aside may, and if remaining unclaimed for 60 days and upon request by written instructions of the Issuer shall, be invested by the Trustees in accordance with Section 13.98.3.

Appears in 1 contract

Samples: Trust Indenture (Theratechnologies Inc.)

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