Common use of Note Payments Clause in Contracts

Note Payments. Each Issuer agrees that, so long as any Purchaser shall hold any Private Shelf Note, it will make payments of principal of, interest on and any Yield Maintenance Amount payable with respect to such Private Shelf Note, which comply with the terms of this Agreement, by wire transfer of immediately available funds in the applicable Available Currency for credit (not later than 12:00 noon, New York City local time, on the date due) to (i) the account or accounts of such Purchaser specified in the applicable Confirmation of Acceptance (in the case of any Private Shelf Note) or (ii) such other account or accounts as such Purchaser may designate in writing, notwithstanding any contrary provision herein or in any Private Shelf Note with respect to the place of payment. Each Purchaser agrees that, before disposing of any Note, such Purchaser will make a notation thereon (or on a schedule attached thereto) of all principal payments previously made thereon and of the date to which interest thereon has been paid. The Company agrees to afford the benefits of this paragraph 11A to any Transferee which shall have made the same agreement as each Purchaser has made in this paragraph 11A.

Note Payments. Each Issuer The Company agrees that, so long as any the Purchaser shall hold any Private Shelf Note, it will make payments of principal of, interest on and any Yield Yield-Maintenance Amount payable with respect to such Private Shelf Note, which comply with the terms of this Agreement, by wire transfer of immediately U.S. AGGREGATES, INC. 51 AMENDED AND RESTATED NOTE AND WARRANT PURCHASE AGREEMENT available funds in the applicable Available Currency for credit (not later than 12:00 noon, New York City local time, on the date due) to (i) the Purchaser's account or accounts of such Purchaser as specified in the applicable Confirmation of Acceptance (in the case of any Private Shelf Note) Purchaser Schedule attached hereto, or (ii) such other account or accounts in the United States as such the Purchaser may designate in writing, notwithstanding any contrary provision herein or in any Private Shelf Note with respect to the place of payment. Each The Purchaser agrees that, before disposing of any Note, such the Purchaser will make a notation thereon (or on a schedule attached thereto) of all principal payments previously made thereon and of the date to which interest thereon has been paid. The Company agrees to afford the benefits of this paragraph 11A 14A to any Transferee which shall have made the same agreement as each the Purchaser has made in this paragraph 11A.14A.

Note Payments. Each Issuer The Company agrees that, so long as any Purchaser shall hold any Private Shelf Note, it will make payments of principal of, interest on and any Yield Maintenance Amount Premium payable with respect to such Private Shelf Note, which comply with the terms of this Agreement, by wire transfer of immediately available funds in the applicable Available Currency for credit (not later than 12:00 noon, New York City local time, on the date due) to (i) the such Purchaser's account or accounts of such Purchaser as specified in the applicable Confirmation of Acceptance (in the case of any Private Shelf Note) Purchaser Schedule attached hereto, or (ii) to a Supplemental Note Purchase Agreement, or such other account or accounts in the United States as such Purchaser may designate in writing, notwithstanding any contrary provision herein or in any Private Shelf Note with respect to the place of payment, and without any requirement of presenting such Note for payment. Each Purchaser agrees that, before disposing of any Note, such Purchaser will make a notation thereon (or on a schedule attached thereto) of all principal payments previously made thereon and of the date to which interest thereon has been paid. The Company agrees to afford the benefits of this paragraph Section 11A to any Transferee which shall have made the same agreement as each Purchaser has made in this paragraph 11A.Section 11A. 77 79

Note Payments. Each Issuer The Company agrees that, so long as any Purchaser shall hold any Private Shelf Note, it will make payments of principal of, interest on and any Yield Maintenance Amount Premium payable with respect to such Private Shelf Note, which comply with the terms of this Agreement, by wire transfer of immediately available funds in the applicable Available Currency for credit (not later than 12:00 noon, New York City local time, on the date due) to (i) the such Purchaser's account or accounts of such Purchaser as specified in the applicable Confirmation of Acceptance (in the case of any Private Shelf Note) Purchaser Schedule attached hereto, or (ii) to a Supplemental Note Purchase Agreement, or such -67- 73 other account or accounts in the United States as such Purchaser may designate in writing, notwithstanding any contrary provision herein or in any Private Shelf Note with respect to the place of payment, and without any requirement of presenting such Note for payment. Each Purchaser agrees that, before disposing of any Note, such Purchaser will make a notation thereon (or on a schedule attached thereto) of all principal payments previously made thereon and of the date to which interest thereon has been paid. The Company agrees to afford the benefits of this paragraph Section 11A to any Transferee which shall have made the same agreement as each Purchaser has made in this paragraph Section 11A.

Note Payments. Each Issuer The Company agrees that, so long as any Purchaser shall hold any Private Shelf Note, it will make payments of principal of, interest on and any Yield Yield-Maintenance Amount payable with respect to such Private Shelf Note, which comply with the terms of this Agreement, by wire transfer of immediately available funds in the applicable Available Currency for credit (not later than 12:00 noon, New York City local time, on the date due) to (i) the account or accounts of such Purchaser specified in the applicable Confirmation of Acceptance (in the case of any Private Shelf Note) or (ii) such other account or accounts as such Purchaser may designate in writing, notwithstanding any contrary provision herein or in any Private Shelf Note with respect to the place of payment. Each Purchaser agrees that, before disposing of any Note, such Purchaser will make a notation thereon (or on a schedule attached thereto) of all principal payments previously made thereon and of the date to which interest thereon has been paid. The Company agrees to afford the benefits of this paragraph 11A to any Transferee which shall have made the same agreement as each Purchaser has made in this paragraph 11A.

Note Payments. Each The Issuer of each Note agrees that, so long as any Purchaser shall hold any Private Shelf Note, it will make payments of principal ofthereof and Yield-Maintenance Amount, if any, and interest on and any Yield Maintenance Amount payable with respect to such Private Shelf Notethereon, which comply with the terms of this Agreement, by wire transfer of immediately available funds in the applicable Available Currency for credit (not later than 12:00 noon, New York City local time, on the date due) to (i) the account or accounts of such Purchaser Prudential specified in the Purchaser Schedule attached hereto in the case of any Series B Note or Series C Note, (ii) the account or accounts as specified in the purchaser schedule attached to the applicable Confirmation of Acceptance (in the case of any Private Shelf Note) or (iiiii) such other account or accounts in the United States as such any Purchaser may designate in writing, notwithstanding any contrary provision herein or in any Private Shelf Note with respect to the place of payment. Each Purchaser agrees that, before disposing of any Note, such Purchaser it will make a notation thereon (or on a schedule attached thereto) of all principal payments previously made thereon and of the date to which interest thereon has been paid. The Company agrees Co-Issuers agree to afford the benefits of this paragraph 11A to any Transferee which shall have made the same agreement as each Purchaser has you have made in this paragraph 11A.