Common use of Payment in Currencies Clause in Contracts

Payment in Currencies. (a) Payment of principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 301; provided that the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose pursuant to Section 301. A Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee or to any Paying Agent, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, pursuant to Article Eleven.

Appears in 2 contracts

Samples: Indenture (Nortel Networks Corp), Indenture (Nortel Networks Corp)

AutoNDA by SimpleDocs

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 301; provided that in the case of Debt Securities of a series denominated in one or more Foreign Currencies the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose if authorized pursuant to Section 301301(12). A Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in rescinding such other form as may be acceptable to the Trustee or to any Paying Agentelection, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further provided, further, that no such change in currency rescission may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article ElevenTwelve or a notice of option to elect repayment has been sent by a Holder or transferee pursuant to Article Fifteen.

Appears in 2 contracts

Samples: Countrywide Home Loans Inc, Countrywide Home Loans Inc

Payment in Currencies. (a) Payment of principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 301; provided that the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose pursuant to Section 301. A Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee or to any Paying Agent, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, pursuant to Article Eleven.

Appears in 2 contracts

Samples: Senior Indenture (Nortel Networks Corp), Nortel Networks Corp

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 3012.03; provided that in the Holder case of Debt Securities of a Subordinated series denominated in one or more Foreign Currencies the holder of a Debt Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose if authorized pursuant to Section 3012.03(11). A Holder Securityholder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Stated Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder holder until such Holder holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in rescinding such other form as may be acceptable to the Trustee or to any Paying Agentelection, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Stated Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further provided, further, that no such change in currency rescission may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article ElevenXIV.

Appears in 2 contracts

Samples: Indenture (Countrywide Home Loans Inc), Countrywide Home Loans Inc

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 3012.03; provided that in the Holder case of Debt Securities of a Subordinated series denominated in one or more Foreign Currencies the holder of a Debt Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose if authorized pursuant to Section 3012.03(a)(11). A Holder Securityholder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Stated Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder holder until such Holder holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in rescinding such other form as may be acceptable to the Trustee or to any Paying Agentelection, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Stated Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further provided, further, that no such change in currency rescission may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article ElevenXIV.

Appears in 2 contracts

Samples: Indenture (Countrywide Financial Corp), Municipal Mortgage & Equity LLC

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies Dollars, unless otherwise specified pursuant to Section 3012.3(12); provided that in the Holder case of Securities of a Subordinated Debt series denominated in Foreign Currencies the holder of a Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose if authorized pursuant to Section 3012.3(13). A Holder holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A set forth in Section 2.13(f), or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may bedate. Such election shall remain in effect with respect to such Holder holder until such Holder holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in rescinding such other form as may be acceptable to the Trustee or to any Paying Agentelection, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the next Interest Payment Date or interest payment date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency rescission may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Issuer pursuant to Article ElevenTwelve. Upon request, the Trustee will send a copy of the form of notice as set forth in Section 2.13(f) to any holder requesting a copy thereof to the address of such holder set forth in such request.

Appears in 1 contract

Samples: Air Products And (Air Products & Chemicals Inc /De/)

Payment in Currencies. (a) Payment of any principal of (and premium, if any) and interest on ), Payments or Missed Payments in respect of the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 3013.01 with respect to the Debt Securities of such series; provided that that, if so specified pursuant to Section 3.01, the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of Dollars or in any other currency designated for such purpose pursuant to Section 3013.01. A Holder may make such election by delivering to the Trustee or, if Paying Agent (with a copy to the Trustee is not also acting as the Paying Agent, to any Paying Agent, Trustee) a written notice thereof, substantially in the form attached hereto as Exhibit A B or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for on which such payment of Defaulted Interest is due and payable or the fifteenth day immediately preceding the Maturity Maturity, if any, of an installment of any principal, as the case may be. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or Paying Agent (with a copy to any Paying Agent, as the case may be, Trustee) a written notice substantially in the form attached hereto as Exhibit A B or in such other form as may be acceptable to the Trustee or to any Paying Agent, as the case may be, Agent specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or Paying Agent (with a copy to any Paying Agent, as the case may be, Trustee) not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest Missed Payment, as the case may be, or the fifteenth day immediately preceding the Maturity Maturity, if any, of an installment of any principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency may be made with respect to payments to be made on any Subordinated Debt Registered Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article Eleven.

Appears in 1 contract

Samples: Indenture (HSBC Holdings PLC)

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies or units specified pursuant to Section 3012.3(12); provided that in the Holder case of Securities of a Subordinated Debt series denominated in Foreign Currencies the holder of a Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose if authorized pursuant to Section 3012.3(13). A Holder holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A set forth in Section 2.13(f), or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may bedate. Such election shall remain in effect with respect to such Holder holder until such Holder holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in rescinding such other form as may be acceptable to the Trustee or to any Paying Agentelection, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date record date immediately preceding the next Interest Payment Date or interest payment date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency rescission may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Issuer pursuant to Article ElevenTwelve. Upon request, the Trustee will mail a copy of the form of notice as set forth in Section 2.13(f) to any holder requesting a copy thereof to the address of such holder set forth in such request.

Appears in 1 contract

Samples: Indenture (Tyme Technologies, Inc.)

AutoNDA by SimpleDocs

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 301; provided that that, if so specified in the manner provided in Section 301, the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of (i) Dollars or and (ii) any other currency designated for such purpose pursuant to Section 301. A Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principalMaturity, as the case may be, with respect to Debt Securities of such series. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee or to any Paying Agent, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principalMaturity, as the case may be, with respect to Debt Securities of such series in order to be effective for the payment to be made thereon; and provided further that no such change in currency may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article ElevenSection 402.

Appears in 1 contract

Samples: Indenture (Limited Brands Inc)

Payment in Currencies. (a) Payment Except as provided in subsection (d) below, payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies or units specified pursuant to Section 301(3), unless the terms of such Security, as established pursuant to Section 301; provided that , expressly permit or require payment in another currency or currencies, in which case such payment shall be made in accordance with such terms. If the terms of Securities of a series denominated in one or more Foreign Currencies permit the Holder of a Subordinated Debt Security of such series may to elect to receive such payment in any one of Dollars or any other currency designated for such purpose pursuant to Section 301. A U.S. dollars, a Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth 15th day immediately preceding the Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in rescinding such other form as may be acceptable to the Trustee or to any Paying Agentelection, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth 15th day immediately preceding the Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency rescission may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article Eleven. Upon request, the Trustee will mail a copy of Exhibit A to any Holder requesting a copy thereof to the address of such Holder set forth in such request.

Appears in 1 contract

Samples: Temple Inland Trust I

Payment in Currencies. (a) Payment of principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 301; provided that the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose pursuant to Section 301. A Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular Record Date or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee or to any Paying Agent, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular Record Date or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Issuer pursuant to Article Eleven.

Appears in 1 contract

Samples: Indenture (Nortel Networks LTD)

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 3013.01; provided that that, if so specified in the manner provided in Section 3.01, the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of (i) Dollars or and (ii) any other currency designated for such purpose pursuant to Section 3013.01. A Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principalMaturity, as the case may be, with respect to Debt Securities of such series. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee or to any Paying Agent, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principalMaturity, as the case may be, with respect to Debt Securities of such series in order to be effective for the payment to be made thereon; and provided further that no such change in currency may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article ElevenSection 4.02.

Appears in 1 contract

Samples: Indenture (Limited Brands Inc)

Payment in Currencies. (a) Payment of the principal of (and premium, if any) and interest on the Subordinated Debt Securities of any series shall be made in the currency or currencies specified pursuant to Section 301; provided that the Holder of a Subordinated Debt Security of such series may elect to receive such payment in any one of Dollars or any other currency designated for such purpose pursuant to Section 301. A Holder may make such election by delivering to the Trustee or, if the Trustee is not also acting as the Paying Agent, to any Paying Agent, a written notice thereof, substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee, or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the applicable Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be. Such election shall remain in effect with respect to such Holder until such Holder delivers to the Trustee or to any Paying Agent, as the case may be, a written notice substantially in the form attached hereto as Exhibit A or in such other form as may be acceptable to the Trustee or to any Paying Agent, as the case may be, specifying a change in the currency in which such payment is to be made; provided further that any such notice must be delivered to the Trustee or to any Paying Agent, as the case may be, not later than the close of business on the Regular or Special Record Date immediately preceding the next Interest Payment Date or date for payment of Defaulted Interest or the fifteenth day immediately preceding the Maturity of an installment of principal, as the case may be, in order to be effective for the payment to be made thereon; and provided further that no such change in currency may be made with respect to payments to be made on any Subordinated Debt Security with respect to which notice of redemption has been given by the Issuer, Company pursuant to Article Eleven.

Appears in 1 contract

Samples: Indenture (Tandy Corp /De/)

Time is Money Join Law Insider Premium to draft better contracts faster.