Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date. (b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures. (c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 12 contracts
Samples: First Supplemental Indenture (First Merchants Capital Trust I), Indenture (Local Financial Capital Trust I), Indenture (Local Financial Corp /Nv)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization organization, if any, or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 7 contracts
Samples: Indenture (San Rafael Bancorp), Indenture (Alabama National Bancorporation), Indenture (Florida Banks Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 7 contracts
Samples: Indenture (Lakeland Capital Trust), Indenture (1st Source Capital Trust Ii), Indenture (Simmons First Capital Trust)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record date or payment date of such interest payment the Interest Payment Date to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 6 contracts
Samples: Second Supplemental Indenture (Fleet Capital Trust Vii), Third Supplemental Indenture (Fleet Capital Trust Viii), First Supplemental Indenture (Countrywide Home Loans Inc)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 5 contracts
Samples: Fourth Supplemental Indenture (MCN Energy Group Inc), Supplemental Indenture (MCN Financing Iv), Supplemental Indenture (NSP Financing Ii)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq Stock Market's National Market or of other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.
Appears in 5 contracts
Samples: Indenture (Pennfirst Capital Trust I), Indenture (Pittsburgh Home Capital Trust I), Indenture (Fidelity Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative TrusteesTrustee, the Property Trustee Regular Trustees and the Property Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is Regular Trustees, on behalf of the Trust, are required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by (or any national securities exchange or self-regulatory organization on which the Trust, but in any event at least one Business Day before such record datePreferred Securities are listed).
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give the holders Trustee, the Property Trustee and the Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 5 contracts
Samples: Supplemental Indenture (Conseco Inc), Supplemental Indenture (Conseco Inc), First Supplemental Indenture (Motorola Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Subordinated Debentures, but in any event at least two Business Days before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 4 contracts
Samples: Indenture (Telephone & Data Systems Inc), Indenture (Kansas City Power & Light Co), Second Supplemental Indenture (TDS Capital Ii)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of election to commence such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are would have been payable; or , and (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the TrustCapital Securities, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; or , and (ii) the date the Company Debenture Trustee is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 4 contracts
Samples: Indenture (Westbank Capital Trust I), Indenture (Hamilton Capital Trust I), Indenture (Greater Bay Bancorp)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Capital Securities holders or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Holders of the Junior Subordinated Debentures or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Debenturesorganization, if any.
(c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 4 contracts
Samples: Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (CFB Capital Iv), Subordinated Indenture (Community First Bankshares Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. The Regular Trustees shall give notice of the Company's selection of such Extended Interest Payment Period to the holders of the Preferred Securities.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 4 contracts
Samples: First Supplemental Indenture (Circus Finance Ii), First Supplemental Indenture (Circus Finance Ii), First Supplemental Indenture (Circus Finance Ii)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) if the Debentures are then listed on the Nasdaq National Market or other national securities exchange, the date the Trust Company is required to give notice of the record date, or the date such Distributions are payable, payable to The Nasdaq National Market or other applicable self-regulatory such organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two not later than the tenth Business Days before the earlier of (i) Day prior to the next succeeding Interest Payment Date; provided that if the Debentures are then listed on the Nasdaq National Market or (ii) the date other national securities exchange and the Company is required to give notice of the record date or payment date of the Interest Payment Date to such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders Holders of the DebenturesDebentures prior to such date, the Company shall give notice of its election at least one Business Day prior to the date it is required to give such notice of the record date.
(c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: Supplemental Indenture (First Merchants Corp), Supplemental Indenture (Superior Bancorp), Supplemental Indenture (Popular Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of election to commence such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are would have been payable; or , and (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the TrustCapital Securities, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; or , and (ii) the date the Company Debenture Trustee is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 3 contracts
Samples: Indenture (Interwest Bancorp Inc), Indenture (New York Community Bancorp Inc), Indenture (Bfoh Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Extension Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Extension Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Extension Period permitted under Section 4.1.
Appears in 3 contracts
Samples: Indenture (Team Financial Capital Trust I), Indenture (Matrix Bancorp Capital Trust I), Indenture (Matrix Bancorp Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. The Regular Trustees shall give notice of the Company's selection of such Extended Interest Payment Period to the holders of the Preferred Securities.
(b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: First Supplemental Indenture (Xl Capital LTD), First Supplemental Indenture (Delphi Financial Group Inc/De), First Supplemental Indenture (Xl Capital LTD)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures, but in any event at least two business days prior to the record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: First Supplemental Indenture (Oge Energy Capital Trust I), First Supplemental Indenture (Oge Energy Capital Trust Ii), First Supplemental Indenture (Oge Energy Capital Trust Ii)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to both the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the payment date for such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date. The Regular Trustees shall give notice of the Company's selection of such Extended Interest Payment Period to the holders of the Preferred Securities.
(b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 twenty quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: Second Supplemental Indenture (Coastal Corp), Third Supplemental Indenture (Coastal Corp), First Supplemental Indenture (Coastal Corp)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative TrusteesTrustee, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Preferred Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: First Supplemental Indenture (Baltimore Gas & Electric Co), Indenture (Public Service Co of Colorado), Supplemental Indenture (Public Service Co of Colorado)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: Indenture (Sbi Capital Trust), Indenture (Southwest Bancorp Inc), Indenture (Southwest Bancorp Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of of
(i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: Indenture (Bankunited Capital Iii), Indenture (Bankunited Capital Ii), Indenture (Bankunited Capital Ii)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Subordinated Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Northwestern Corp), Third Supplemental Indenture (Northwestern Corp), Second Supplemental Indenture (Northwestern Capital Financing I)
Notice of Extension. (a) If the Property Trustee is the only registered holder Registered Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq the Preferred Securities holders or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq the Holders of the Junior Subordinated Debentures or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Debenturesorganization, if any.
(c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.
Appears in 3 contracts
Samples: Subordinated Indenture (Ebh Capital Trust I), Subordinated Indenture (Flagstar Trust), Subordinated Indenture (Ebh Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date on which the Trust is required to give notice of the record date, or the date on which such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or any other exchange upon which the Notes or Trust Securities are listed or any other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or any other exchange upon which the Notes or Trust Securities are listed or any other applicable self-regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters quarterly periods permitted in computing the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Supplemental Indenture (Bank of America Corp /De/), Third Supplemental Indenture (Bank of America Corp /De/)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the HUBCO Capital Trust are payable; , or (ii) the date the HUBCO Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the HUBCO Capital Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 2 contracts
Samples: Indenture (Hubco Inc), Indenture (Hubco Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee, the Delaware Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (ia) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (iib) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record Regular Record Date or payment date Interest Payment Date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: First Supplemental Indenture (Reliastar Financing V), Second Supplemental Indenture (Reliastar Financing Ii)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Supplemental Indenture (Allstate Financing Vi), Supplemental Indenture (Allstate Corp)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the Trustee, the Administrative Trustees, the Property Trustee and the Institutional Trustee of its selection election of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustCapital Securities, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter semi-annual interest payment period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual interest payment periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: First Supplemental Indenture (Arvin Capital I), Supplemental Indenture (Arvin Industries Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the New South Capital Trust are payable; would have been payable except for such election, or (ii) the date the Trust is Administrative Trustees are required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the New South Capital Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. There is no limitation on the number of times that the Company may elect to begin an Extended Interest Payment Period. Bankers Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (New South Capital Trust I), Junior Subordinated Indenture (New South Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two not less than one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange Inc. (AMEX) or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange (AMEX) or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Eagle Bancshares Inc), Indenture (Franklin Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Southern Community Financial Corp), Indenture (Southern Community Financial Corp)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market/SM/ or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market/SM/ or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Wintrust Capital Trust I), Indenture (Wintrust Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market or other applicable self-regulatory organization or to the holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Carolina Bank Holdings Inc), Indenture (American Community Bancshares Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 5.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.15.1.
Appears in 2 contracts
Samples: Indenture (Greater Atlantic Financial Corp), Indenture (American Bank Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects Issuer elects an Extended Interest Payment Period, the Company Issuer shall give the holders Holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures, but in any event at least 2 Business Days before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: First Supplemental Indenture (Laclede Capital Trust I), First Supplemental Indenture (Puget Sound Energy Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Heartland Financial Capital Trust I), Indenture (Quad City Holdings Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder Registered Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq the Preferred Securities holders or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq the Holders of the Subordinated Debentures or to the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Debenturesorganization, if any.
(c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.
Appears in 2 contracts
Samples: Subordinated Indenture (Ozark Capital Trust), Subordinated Indenture (Bank of the Ozarks Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Bankunited Capital Iii)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date on which the Trust is required to give notice of the record date, or the date on which such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or any other exchange upon which the Notes or Trust Securities are listed or any other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures Notes and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or any other exchange upon which the Notes or Trust Securities are listed or any other applicable self-regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter quarterly [semi-annual] period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters [10] quarterly [semi-annual] periods permitted in computing the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Supplemental Indenture (Bac Capital Trust Xii), Supplemental Indenture (Bank of America Corp /De/)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 3.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.13.1.
Appears in 2 contracts
Samples: First Supplemental Indenture (Owens Corning Capital Ii), First Supplemental Indenture (American Heritage Life Investment Corp)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Metropolitan Capital Trust Ii), Indenture (Metropolitan Financial Corp /Oh/)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market(SM) or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market(SM) or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 2 contracts
Samples: Indenture (Private Bancorp Capital Trust I), Indenture (Private Bancorp Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of election to commence such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are would have been payable; , or (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the TrustCapital Securities, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Debenture Trustee is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Reliance Capital Trust I)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Convertible Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; Date or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Convertible Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 consecutive quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section SECTION 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange (or other applicable self-regulatory organization organization) or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Convertible Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: First Supplemental Subordinated Indenture (Nuevo Energy Co)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The the Preferred Securities holders or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The the Holders of the Junior Subordinated Debentures or to the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Debenturesorganization, if any.
(c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Subordinated Indenture (United Community Bancshares Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the the Administrative Trustees, Trustees and the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or any other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other any applicable self-regulatory organization or to holders of the Debentures, but in any event at least two Business Days before such record date.
(c) The quarter quarterly interest payment period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 consecutive calendar quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq Stock Market's National Market or of other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written -11- notice to the Administrative TrusteesTrustee, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Preferred Securities issued by the Trust are payable; would be payable but for such deferral, or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; regular record date, or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Debenturesorganization.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Second Supplemental Indenture (Baltimore Gas & Electric Co)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Indenture (Ifc Capital Trust Vi)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Indenture (Rbi Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (R&g Financial Corp)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the First Commonwealth Capital Trust are payable; , or (ii) the date the First Commonwealth Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the First Commonwealth Capital Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.
01. The Chase Manhattan Bank hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions distributions are payable, to The Nasdaq National Market any national securities exchange or other applicable self-regulatory organization interdealer quotation system or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market any national securities exchange or other applicable self-regulatory organization or to holders of the Debenturesinterdealer quotation system.
(c) The quarter ( ) period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters ( ) ( ) periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Notice of Extension. (a) 1. If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before on the earlier of (i) 10 Business Days prior to the next succeeding date on which Distributions on the Trust Capital Securities issued by the Trust are payable; , or (ii) the date the Trust Regular Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) 2. If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) 3. The quarter period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the UNB Capital Trust are payable; , or (ii) the date the UNB Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the UNB Capital Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (United National Bancorp)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Convertible Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: First Supplemental Indenture (Wendys International Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Firstar Capital Trust are payable; , or (ii) the date the Firstar Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Firstar Capital Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01.
Appears in 1 contract
Samples: Indenture (Firstar Corp /Wi/)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the American Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Indenture (Mbhi Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative TrusteesTrustee, the Property Trustee Regular Trustees and the Property Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is Regular Trustees, on behalf of the Trust, are required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to the holders of the Preferred Capital Securities issued by (or any national securities exchange or other self regulatory organization on which the Trust, but in any event at least one Business Day before such record dateCapital Securities are listed).
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give the holders Trustee, the Property Trustee and the Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Holders of the Debentures (or any national securities exchange or other applicable self-self regulatory organization or to holders of on which the DebenturesDebentures are listed).
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give written notice to the Trustee, the Administrative Trustees, the Property Trustee and the Institutional Trustee of its selection election of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the TrustSecurities, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder of the Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the OTC Bulletin Board or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the OTC Bulletin Board or other applicable self-self- regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; payable or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company Issuer selects an Extended Interest Payment Period, the Company Issuer shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; Date or (ii) the date the Company Issuer is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs paragraph (a) or (b) of this Section 4.2 15.6 of the Indenture shall be counted as one of the 20 quarters ten semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.115.5 of the Indenture.
Appears in 1 contract
Samples: Supplemental Indenture (Halliburton Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions (as defined in the Trust Agreement) on the Trust Securities issued by the NCBE Trust are payable; , or (ii) the date the NCBE Trust is required to give notice of the record datedate for such next succeeding Distributions, or the date such Distributions are payable, to The the Nasdaq National Market or other applicable self-regulatory organization to any national securities exchange or to holders of the Preferred Securities issued by the NCBE Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of such Interest Payment Date or of the record or payment date of such interest payment Regular Record Date relating thereto to The the Nasdaq National Market or other applicable self-regulatory organization to any national securities exchange or to holders Holders of the Debentures.
(c) The calendar quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Indenture (Ncbe Capital Trust I)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.
Appears in 1 contract
Samples: First Supplemental Indenture (Comcast Cable Trust Iii)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative TrusteesTrustee, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Preferred Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter [quarter] [semi-annual period] in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the [20 quarters xxxxxxxx] [00 semi-annual periods] permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such 60 Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 SECTION 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1SECTION 16.01. BNY Midwest Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Illinois Power Co)
Notice of Extension. (a) If the Property Trustee is the only registered holder Registered Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the Preferred Securities holders or to the American Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trustorganization, if any, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder Holder of the Junior Subordinated Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Junior Subordinated Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the Holders of the Junior Subordinated Debentures or to the American Stock Exchange or other applicable self-regulatory organization or to holders of the Debenturesorganization, if any.
(c) The quarter in which any notice is given pursuant to paragraphs paragraph (a) or paragraph (b) of this Section 4.2 4.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Dynegy Capital Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank One Trust Company, National Association, hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Dynegy Capital Trust Iii)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust Regular Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Second Supplemental Indenture (Hartford Life Capital Ii)
Notice of Extension. (a) If the Property Trustee is the only registered sole holder of the Debentures Company Preferred Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Company Preferred Securities issued by the Trust LLC are payable; , or (ii) the date the Trust Company is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Company Preferred Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Company Preferred Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 207 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1206.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions distributions are payable, to The Nasdaq National Market any national securities exchange or other applicable self-regulatory organization interdealer quotation system or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market any national securities exchange or other applicable self-regulatory organization or to holders of the Debenturesinterdealer quotation system.
(c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the AFC Capital Trust are payable; , or (ii) the date the AFC Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the AFC Capital Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.
01. The Chase Manhattan Bank hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Allmerica Financial Corp)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of election to commence such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or would have been payable but for such deferral, and (ii) the date the Trust Property Trustee is required to give notice to holders of capital securities of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection election of such Extended Interest Payment Period at least two one Business Days before the earlier of (i) Day prior to the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of Date on which interest on Securities would be payable but for such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesdeferral.
(c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.2 shall be counted as one of the 20 quarters quarterly periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.1. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (CNBF Capital Trust I)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) if the Debentures are then listed on the New York Stock Exchange, the Nasdaq National Market or other similar self-regulatory organization, the date the Trust Company is required to give notice of the record date, or the date such Distributions are payable, payable to The Nasdaq National Market or other applicable self-regulatory such organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Holder at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) if the Debentures are the listed on the New York Stock Exchange, the Nasdaq National Market or other similar self-regulatory organization, the date the Company is required to give notice of the record date or payment date of the Interest Payment Date to such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter month in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters 60 months permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such 60 Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 SECTION 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.1SECTION 16.01. ____________________________________ hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Illinois Power Co)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market/sm/ or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market/sm/ or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self- regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the CTBI Trust Securities issued by the CTBI Trust are payable; , or (ii) the date the CTBI Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq the NASDAQ National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the CTBI Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such -19- interest payment to The Nasdaq the NASDAQ National Market or other applicable self-self- regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: Indenture (Pikeville National Corp)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the X.X. Xxxxxxx Capital Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. There is no limitation on the number of times that the Company may elect to begin an Extended Interest Payment Period. Xxx Xxxx xx Xxx Xxxx hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is shall be the only registered sole holder of the Debentures at the time the Company selects an Extended Interest Payment PeriodConvertible Debentures, the Company shall give written notice to the Administrative Trustees, Regular Trustees and the Property Trustee and the Trustee notice of its selection of such Extended Interest Payment Extension Period two one Business Days before Day prior to the earlier of (i) the next succeeding date on which Distributions on the Trust Preferred Securities issued by the Trust are payable; or payable and (ii) the related record date for such Distribution on the Trust is required to Preferred Securities. The Regular Trustees shall give notice of the record date, or Company's selection of such Extension Period to the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record dateSecurities.
(b) If the Property Trustee is shall not be the only sole holder of the Debentures at the time the Company selects an Extended Interest Payment PeriodConvertible Debentures, the Company shall give the holders of the Debentures and the Trustee written Trust Preferred Securities notice of its selection of such Extended Interest Payment Extension Period at least two ten Business Days before prior to the earlier of (i) the next succeeding Interest Payment Date; Date or (ii) the date upon which the Company is required to give notice to the New York Stock Exchange (or other applicable self-regulatory organization) or to holders of the Convertible Debentures of the record or payment date of such related interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturespayment.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: First Supplemental Subordinated Indenture (CNF Transportation Inc)
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder sole Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the Regular Trustees and the Institutional Trustee notice of its selection of such Extended Interest Payment Period one Business Day prior to the earlier of (i) the next succeeding date Distributions on the Trust Securities are payable, or (ii) the date the Regular Trustees are required to give notice to the New York Stock Exchange (or other applicable self-regulatory organization) or to the holders of the Trust Securities of the record date or the date such Distribution is payable.
(b) If the Institutional Trustee is not the only Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before prior to the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date upon which the Company is required to give notice to the New York Stock Exchange or other applicable self- regulatory organization or to Holders of the Convertible Debentures of the record or payment date of such related interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturespayment.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: First Supplemental Indenture (CNF Transportation Inc)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the MMI Trust are payable; , or (ii) the date the MMI Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange, to any automated quotation system or to holders of the Preferred Capital Securities issued by the MMI Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market any national securities exchange or other applicable self-regulatory organization or to holders of the Debenturesautomated quotation system.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.1. The Chase Manhattan Bank, as Trustee, hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Mmi Companies Inc)
Notice of Extension. (a) If the Property Trustee is the only registered sole holder of the Debentures Company Preferred Securities or the Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Company Preferred Securities issued by the Trust LLC are payable; , or (ii) the date the Trust Company is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Company Preferred Securities or the Notes at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Company Preferred Securities or the Notes, as the case may be, and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 207 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1206.
Appears in 1 contract
Notice of Extension. (a) If the Property Institutional Trustee is the only registered holder Holder of the Convertible Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Institutional Trustee and the Trustee of its selection election of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Convertible Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Institutional Trustee is not the only holder Holder of the Convertible Debentures at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders Holders of the Convertible Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders Holders of the Convertible Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (aA) or (bB) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq Stock Market's National Market or of other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two one Business Days Day before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq Stock Market's National Market or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.regulatory
Appears in 1 contract
Notice of Extension. (a) Section 16.02 of the Indenture shall be disregarded in its entirety and shall not apply to the Securities covered by this First Supplemental Indenture. All references in the Indenture to Section 16.02 are hereby deemed to apply to this Section 4.02.
(b) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(bc) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written Securities notice of its selection election of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record date or payment date of such interest payment the Interest Payment Date to The Nasdaq National Market any national securities exchange or other applicable self-regulatory organization or to the holders of the DebenturesSecurities.
(cd) The quarter month in which any notice is given pursuant to paragraphs (ab) or (bc) of this Section 4.2 4.02 shall be counted as one of the 20 quarters 60 months permitted in the maximum Extended Interest Payment Period permitted under Section 4.14.01.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market Market(sm) or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market Market(sm) or other applicable self-regulatory organization or to holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 5.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.15.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the SAFECO Trust are payable; , or (ii) the date the SAFECO Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the SAFECO Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.
1. The Chase Manhattan Bank, as Trustee, hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Safeco Corp)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two at least five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the BFC Capital Trust are payable; would have been payable except for such election, or (ii) the date the BFC Capital Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the BFC Capital Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects elects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.2 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.
1. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Samples: Indenture (Bancfirst Corp /Ok/)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures Debt Securities at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Extension Period two at least one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (ii) the date on which the Trust is required to give notice of the record date, or the date on which such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or any other exchange upon which the Debt Securities or Trust Securities are listed or any other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures Debt Securities at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give the holders Holders of the Debentures Debt Securities and the Trustee written notice of its selection of such Extended Interest Payment Extension Period at least two ten (10) Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or any other exchange upon which the Debt Securities or Trust Securities are listed or any other applicable self-regulatory organization or to holders Holders of the DebenturesDebt Securities.
(c) The quarter quarterly period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters twenty (20) quarterly periods permitted in computing the maximum Extended Interest Payment Extension Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection selec- tion of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Community Capital Trust are payable; , or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding suc- ceeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.
01. The Chase Manhattan Bank hereby accepts the trusts in this Inden- ture declared and provided, upon the terms and conditions hereinabove set forth.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two five Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the AGL Capital Trust II are payable; , or (ii) the date the AGL Capital Trust II is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Trust Preferred Securities issued by the TrustAGL Capital Trust II, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two five Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01.
Appears in 1 contract
Samples: Indenture (Agl Capital Trust Ii)
Notice of Extension. (a) If the Property Trustee is the only registered holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Regular Trustees, the Property Trustee, the Delaware Trustee and the Trustee of its selection of such Extended Interest Payment Period two Business Days before the earlier of (ia) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; , or (iib) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The Nasdaq National Market the AMEX or other applicable self-regulatory organization or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one two Business Day Days before such record date.
(b) If the Property Trustee is not the only holder Holder of the Debentures at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders Holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record Regular Record Date or payment date Interest Payment Date of such interest payment to The Nasdaq National Market the AMEX or other applicable self-regulatory organization or to holders Holders of the Debentures.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1.
Appears in 1 contract
Samples: First Supplemental Indenture (Bremer Financial Corporation)
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding date on which Distributions (as such term is defined in the Trust Agreement) on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, date or the date such Distributions are payable, payable to The the Nasdaq National Market or other applicable self-self regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company Corporation selects an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company Corporation is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 5.2 shall be counted as one of the 20 quarters permitted in the maximum Minimum Extended Interest Payment Period permitted under Section 4.15.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Extension Period two Business Days before the earlier of (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are payable; or (ii) the date the Trust is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures at the time the Company selects an Extended Interest Payment Extension Period, the Company shall give the holders of the Debentures and the Trustee written notice of its selection of such Extended Interest Payment Extension Period at least two Business Days before the earlier of (i) the next succeeding Interest Payment Date; or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debentures, but in any event at least one Business Day before such record date.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Extension Period permitted under Section 4.1.
Appears in 1 contract
Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative TrusteesAdministrators, the Property Trustee and the Trustee of its selection election of such Extended Interest Payment Period two (or an extension thereof) at least [ ] Business Days before the earlier of (i) the next succeeding date on which Distributions distributions on the Trust Securities issued by the HSBC USA Capital Trust are payable; payable except for the election to begin or extend such Extended Interest Payment Period, or (ii) the date the Trust is Administrators are required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Capital Securities issued by the Trust, but in any event at least one [ ] Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two [ ] Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter [semi-annual] [quarterly] period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters [ ] [semi-annual] [quarterly] periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. There is no limitation on the number of times that the Company may elect to begin Extended Interest Payment Period.
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Notice of Extension. (a) If the Property Trustee is the only registered holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give written notice to the Administrative Trustees, the Property Trustee and the Debenture Trustee of its selection of election to commence such Extended Interest Payment Period two at least five Business Days before the earlier of -63- 71 (i) the next succeeding date on which Distributions on the Trust Securities issued by the Trust are would have been payable; or , and (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market or other applicable self-regulatory organization any national securities exchange or to holders of the Preferred Securities issued by the TrustCapital Securities, but in any event at least one five Business Day Days before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Securities at the time the Company selects Corporation elects to commence an Extended Interest Payment Period, the Company Corporation shall give the holders of the Debentures Securities and the Debenture Trustee written notice of its selection election of such Extended Interest Payment Period at least two 10 Business Days before the earlier of (i) the next succeeding Interest Payment Date; or , and (ii) the date the Company Debenture Trustee is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market or other applicable self-regulatory organization or to holders of the Debenturesany national securities exchange.
(c) The quarter semi-annual period in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 16.02 shall be counted as one of the 20 quarters 10 semi-annual periods permitted in the maximum Extended Interest Payment Period permitted under Section 4.116.01. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.
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Notice of Extension. (a) If the Property Trustee is the only registered sole holder of the Debentures Company Preferred Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give written notice to the Administrative Trustees, the Property Trustee and the Trustee of its selection of such Extended Interest Payment Period two one Business Days Day before the earlier of (i) the next succeeding date on which Distributions on the Trust Company Preferred Securities issued by the Trust LLC are payable; , or (ii) the date the Trust Property Trustee is required to give notice of the record date, or the date such Distributions are payable, to The Nasdaq National Market the New York Stock Exchange or other applicable self-regulatory organization or to holders of the Trust Preferred Securities issued by the Trust, but in any event at least one Business Day before such record date.
(b) If the Property Trustee is not the only holder of the Debentures Company Preferred Securities at the time the Company selects an Extended Interest Payment Period, the Company shall give the holders of the Debentures Company Preferred Securities and the Trustee written notice of its selection of such Extended Interest Payment Period at least two ten Business Days before the earlier of (i) the next succeeding Interest Payment Date; , or (ii) the date the Company is required to give notice of the record or payment date of such interest payment to The Nasdaq National Market the New York Stock Exchange or other applicable self-self regulatory organization or to holders Holders of the DebenturesNotes.
(c) The quarter in which any notice is given pursuant to paragraphs (a) or (b) of this Section 4.2 207 shall be counted as one of the 20 quarters permitted in the maximum Extended Interest Payment Period permitted under Section 4.1206.
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