Common use of Payment; Interest Rights Preserved Clause in Contracts

Payment; Interest Rights Preserved. Except as otherwise provided as contemplated by Section 2.4 with respect to any series of Securities, interest on any series of Securities which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Security (or one or more Predecessor Securities) is registered in the Security Register at the close of business on the Regular Record Date for such interest. In the case of Securities where payment is to be made in U.S. dollars, payment at any paying agent’s office outside The City of New York will be made in U.S. dollars by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a U.S. dollar account maintained by the payee with, a bank in The City of New York. Any interest on any Security of any series which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date is herein called “Deferred Interest.” Deferred Interest on any Security of any series shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue then of having been such Holder, and such Deferred Interest may be paid by the Company, at its election in each case, as provided in clause (a) or (b) below: (a) The Company may elect to make payment of any Deferred Interest to the Persons in whose names the Securities of such series (or their respective Predecessor Securities) are registered in the Security Register at the close of business on a Special Record Date for the payment of such Deferred Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Deferred Interest proposed to be paid on each Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Interest as in this clause provided. Thereupon the Trustee shall fix a Special Record Date for the payment of such Deferred Interest in respect of such Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company of such Special Record Date and, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Deferred Interest and the Special Record Date therefor to be given in the manner and to the extent provided in Section 1.6, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Deferred Interest on the Securities of such series and the Special Record Date therefor having been so given, such Deferred Interest on the Securities of such series shall be paid to the Persons in whose names such Securities (or their respective Predecessor Securities) are registered in the Security Register at the close of business on the Special Record Date; or (b) The Company may make payment of any Deferred Interest on the Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed impracticable by the Trustee. Subject to the foregoing provisions of this Section 2.14, each Security delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Security.

Appears in 3 contracts

Samples: Indenture (Hanson PLC), Indenture (Hanson PLC), Indenture (Hanson PLC)

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Payment; Interest Rights Preserved. (1) Except as otherwise provided in accordance with Section 3.01 for the Registered Securities of a particular series, payments of the principal of (and premium, if any) and interest on any Registered Security (other than a Registered Global Security) will be made at the Corporate Trust Office of the Trustee. (2) Except as otherwise provided as contemplated by Section 2.4 with respect to any series of Securities3.01, interest on any series of Securities which is payable, and is punctually paid Registered Security (other than a Registered Global Security) or duly provided for, on any Interest Payment Date Unregistered Security registered as to interest shall be paid to the Person in whose name that such Security (or one or more Predecessor Securities) whose entitlement to interest is registered in the Security Register at the close of business on the Regular Record Date for such interest. In the case of Securities where payment is to be made in U.S. dollars, payment at any paying agent’s office outside The City of New York will be made in U.S. dollars by check drawn on, orinterest and, at the request option of the HolderCorporation, by may be paid (i)by mailing cheques for such interest payable to or upon the written order of such Holders at their last addresses as they appear on the Security Register, or (ii)by wire transfer of same-day funds to a U.S. dollar an account maintained by the payee withPerson entitled thereto as specified in the Security Register. (3) Interest on any Securities with Coupons attached (together with any additional related amounts payable pursuant to the terms of such Securities) shall be payable only upon presentation and surrender of the several Coupons for such interest instalments as are evidenced thereby as they severally mature. (4) If any temporary Unregistered Security provides that interest thereon may be paid while in temporary form, a bank in The City of New York. Any the interest on any such temporary Unregistered Security (together with any additional related amounts payable pursuant to the terms of such Security) shall be paid, as to the instalments of interest evidenced by Coupons attached thereto, if any, only upon presentation and surrender thereof, and, as to the other instalments of interest, if any, only upon presentation of such temporary Unregistered Security for notation thereon of the payment of such interest, in each case subject to any series restrictions that may be established pursuant to Section 3.01. (5) Interest on any Registered Security which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date is herein called “Deferred ("Defaulted Interest.” Deferred Interest on any Security of any series ") shall forthwith cease to be payable to the Person who was the Holder on the relevant Regular Record Date by virtue then of having been such HolderDate, and such Deferred Defaulted Interest may be paid by the CompanyCorporation, at its election in each case, as provided in clause paragraph (a) or (b) below: (a) The Company Corporation may elect to make payment of any Deferred Defaulted Interest on Registered Securities and on Unregistered Securities registered as to interest to the Persons in whose names the Registered Securities of such series (or their respective Predecessor Securities) whose entitlements to interest are registered in the Security Register at the close of business on a Special Record Date for the payment of such Deferred Defaulted Interest, which shall be fixed in the following manner. The Company Corporation shall notify the Trustee in writing of the amount of Deferred Defaulted Interest proposed to be paid on each such Security of such series and the date of the proposed payment, and at the same time the Company Corporation shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Defaulted Interest as in this clause paragraph provided. Thereupon Thereupon, the Trustee shall fix a Special Record Date for the payment of such Deferred Defaulted Interest in respect of such Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company Corporation of such Special Record Date and, in the name and at the expense of the CompanyCorporation, shall cause notice of the proposed payment of such Deferred Defaulted Interest and the Special Record Date therefor to be given mailed, first-class postage prepaid, to each Holder of the Registered Securities or each Person so entitled to interest at his or her address as it appears in the manner and to the extent provided in Section 1.6Security Register, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Deferred Defaulted Interest on the Securities of such series and the Special Record Date therefor having been so givenmailed, such Deferred Defaulted Interest on the Securities of such series shall be paid Paid to the Persons in whose names such the Registered Securities (or their respective Predecessor Securities) whose entitlements to interest are registered in the Security Register at the close of business on the such Special Record Date; or. (b) The Company Corporation may make payment of any Deferred Defaulted Interest on the Registered Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Registered Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company Corporation to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed impracticable by the Trustee. Subject to the foregoing provisions of this Section 2.14, each Security delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Security shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Securityparagraph.

Appears in 1 contract

Samples: Trust Indenture (Union Pacific Resources Group Inc)

Payment; Interest Rights Preserved. (a) Except as otherwise provided as contemplated by Section 2.4 3.01 with respect to any series of Subordinated Debt Securities, interest on if the Company does not make a payment of principal of (and premium, if any, on) or interest, if any, with respect to any series of Subordinated Debt Securities on the original due date for payment, the obligation to make such payment shall be deferred until (i) in the case of a payment of interest, the date upon which a dividend is paid on any class of ordinary shares or other capital stock of the Company and (ii) in the case of a payment of principal, the first Business Day after the date that falls six months after the original due date for payment (a "Deferred Payment Date"). Failure by the Company to make any such payment prior to such Deferred Payment Date shall not constitute a Default by the Company or otherwise allow any Holder to sue the Company for such payment or take any other action. Each paymexx so deferred will accrue interest at the rate prevailing immediately before the original due date with respect to such payment. Any amount the due date of which is deferred pursuant to the above shall not be treated as due for any purpose (including, without limitation, for the purposes of ascertaining whether or not a Default has occurred) until the Deferred Payment Date. (b) Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Subordinated Debt Securities, interest, if any, on any Subordinated Debt Securities which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid paid, in the case of registered Subordinated Debt Securities, to the Person in whose name that Subordinated Debt Security (or one or more Predecessor Securities) is registered in the Security Register at the close of business on the Regular Record Date for such interestinterest or, in the case of Global Securities held by any Holder, to the Holder including through a Paying Agent of the Company designated pursuant to Section 3.01 outside the United Kingdom for collection by the Holder. In the case of registered Subordinated Debt Securities where payment is to be made in U.S. dollarsDollars, payment at any paying agent’s Paying Agent's office outside The City of New York will be made in U.S. dollars Dollars by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a U.S. dollar Dollar account maintained by the payee with, a bank in The City of New York. In the case of registered Subordinated Debt Securities where payment is to be made in a Foreign Currency, payment will be made as established pursuant to Section 3.01. Any interest on any Subordinated Debt Security of any series which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date is herein called "Deferred Interest.” ". Deferred Interest on any registered Subordinated Debt Security of any series shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue then of having been such Holder, and such Deferred Interest may be paid, in the case of registered Subordinated Debt Securities, to the Person in whose name that Subordinated Debt Security (or one or more Predecessor Subordinated Debt Securities) is registered at the close of business on the Deferred Record Date for such interest or may be paid by the Company, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Company may elect to make payment of any Deferred Interest to the Persons in whose names person who is the Securities of such series (or their respective Predecessor Securities) are registered in the Security Register at the close of business on a Special Record Date for the payment of such Deferred Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Deferred Interest proposed to be paid on each Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Interest as in this clause provided. Thereupon the Trustee shall fix a Special Record Date for the payment of such Deferred Interest in respect of such Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company of such Special Record Date and, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Deferred Interest and the Special Record Date therefor to be given in the manner and to the extent provided in Section 1.6, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Deferred Interest Holder on the Securities of such series and the Special Record Date therefor having been so given, such Deferred Interest on the Securities of such series shall be paid to the Persons in whose names such Securities (or their respective Predecessor Securities) are registered in the Security Register at the close of business on the Special Record Date; or (b) The Company may make payment of any Deferred Interest on the Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given record date established by the Company to the Trustee of the proposed payment pursuant to this clause, for such manner of payment shall be deemed impracticable by the Trusteepurpose. Subject to the foregoing provisions of this Section 2.14Section, each Subordinated Debt Security delivered under this Subordinated Debt Securities Indenture upon registration of transfer of or in exchange for or in lieu of any other Subordinated Debt Security shall carry the rights to interest accrued and unpaid, and to accrue interestaccrue, which were carried by such other Subordinated Debt Security.

Appears in 1 contract

Samples: Indenture (Royal Bank of Scotland Group PLC)

Payment; Interest Rights Preserved. Except as otherwise provided as contemplated by Section 2.4 3.01 with respect to any series of Senior Debt Securities, interest interest, if any, on any series of Senior Debt Securities which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Person in whose name that Security Holder (or one or more Predecessor Securitiesincluding if held through a Paying Agent of the Company designated pursuant to Section 3.01 outside the United Kingdom for collection by the Holder) is registered in the Security Register at the close of business on the Regular Record Date for such interest. In the case of Senior Debt Securities where payment is to be made in U.S. dollarsDollars, payment at any paying agentPaying Agent’s office outside The City of New York will be made in U.S. dollars Dollars by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a U.S. dollar Dollar account maintained by the payee with, a bank in The City of New York. In the case of Senior Debt Securities where payment is to be made in a Foreign Currency, payment will be made as established pursuant to Section 3.01. Any interest on any Senior Debt Security of any series which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date is herein called “Deferred Default Interest.” Deferred ”. Default Interest on any Senior Debt Security of any series shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue then of having been such Holder, and such Deferred Default Interest may be paid by the Company, at its election in each case, as provided in clause (a) or (b) below: (a) The Company may elect to make payment of any Deferred Default Interest to the Persons in whose names the Senior Debt Securities of such series (or their respective Predecessor Securities) are registered in the Security Register at the close of business on a Special Record Date for the payment of such Deferred Default Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Deferred Default Interest proposed to be paid on each Senior Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Default Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Default Interest as in this clause provided. Thereupon the Trustee Company shall fix a Special Record Date for the payment of such Deferred Default Interest in respect of such Senior Debt Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by it delivers to the Trustee of the notice of the proposed payment. The Trustee Company shall promptly notify the Company Trustee of such Special Record Date and, in the name and at the expense of the Company, the Trustee shall cause notice of the proposed payment of such Deferred Default Interest and the Special Record Date therefor to be given in the manner and to the extent provided in Section 1.61.06, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Deferred Default Interest on the Senior Debt Securities of such series and the Special Record Date therefor having been so given, such Deferred Default Interest on the Senior Debt Securities of such series shall be paid in the case of Senior Debt Securities to the Persons in whose names such Senior Debt Securities (or their respective Predecessor Securities) are registered in the Senior Debt Security Register at the close of business on the Special Record Date, and such Default Interest shall no longer be payable pursuant to the following clause (b); or (b) The Company may make payment of any Deferred Default Interest on the Senior Debt Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Senior Debt Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed impracticable practicable by the Trustee. Subject to the foregoing provisions of this Section 2.14Section, each Senior Debt Security delivered under this Senior Debt Securities Indenture upon registration of transfer of or in exchange for or in lieu of any other Senior Debt Security shall carry the rights to interest accrued and unpaid, and to accrue interestaccrue, which were carried by such other Senior Debt Security.

Appears in 1 contract

Samples: Indenture Agreement (Lloyds TSB Bank PLC)

Payment; Interest Rights Preserved. Except as otherwise provided as contemplated by Section 2.4 with respect to any series of Securities, interest Interest on any series of Securities Junior Notes which is payable, and is punctually paid or duly provided for, on any Junior Note Interest Payment Date shall be paid (a) in the case of Definitive Registered Junior Notes, to the Person in whose name that Security Definitive Registered Junior Note (or one or more Predecessor SecuritiesJunior Notes) is registered in the Security Register at the close of business on the Regular Record Date for such interestpayment of interest and (b) in the case of Global Junior Notes held by any Holder, to the Holder through the Paying Agent by wire transfer of same-day funds to the Holder. In the case of Securities Definitive Registered Junior Notes where payment is to be made in U.S. dollarsUnited States Dollars, payment at any paying agent’s the Paying Agent's office outside The City of New York will be made in U.S. dollars US Dollars by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a U.S. United States dollar account maintained by the payee with, a bank in The City of New YorkYork provided however, that at the option of the Issuer in the case of Definitive Registered Junior Notes, repayment of any interest thereon may be made by check mailed to the address of the Person entitled herein as such address shall appear in the Register, unless such Person requests payment by wire transfer pursuant to this Section 2.09. In the case of Definitive Registered Junior Notes where payment is to be made in Euro, payment at the Paying Agent's office will be made in Euro by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a Euro account maintained by the payee with, a bank in London provided however, that at the option of the Issuer in the case of any interest thereon may be made by check mailed to the address of the Person entitled herein as such address shall appear in the Register, unless such Person requests payment by wire transfer. Any interest on any Security of any series Junior Note which is payable, but is not punctually paid or duly provided for, on any Junior Note Interest Payment Date is herein called “Deferred Interest.” "DEFERRED INTEREST". Deferred Interest on any Security of any series Junior Note shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue then of having been such Holder, and such Deferred Interest may be paid by the Company, at its election Issuer in each case, as provided in accordance with clause (a1) below (in the case of Definitive Registered Junior Notes) or (b2) below:below (in the case of Global Junior Notes): (a1) The Company Issuer shall make payment of any Deferred Interest in any lawful manner. The Issuer may elect to make payment of any Deferred Interest to the Persons in whose names the Securities of such series Definitive Registered Junior Notes (or their respective Predecessor SecuritiesJunior Notes) are registered in the Security Register at the close of business on a Special Record Date for date (the payment of such Deferred Interest, which "SPECIAL RECORD DATE"). The Issuer shall fix or cause to be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Deferred Interest proposed to be paid on each Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Interest as in this clause provided. Thereupon the Trustee shall fix a Special Record Date for the payment of such Deferred Interest in respect of such Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company of any such Special Record Date and, and payment date to the reasonable satisfaction of the Trustee; or (2) The Issuer shall make payment of any Deferred Interest in the name and at the expense case of the CompanyGlobal Junior Note held by any Holder, to the Holder through the Paying Agent on the payment date notified to the Holder by the Issuer. The Issuer shall cause notice of the proposed payment of such Deferred Interest and Interest, the Special Record Date therefor (in the case of Definitive Registered Junior Notes) or the payment date (in the case of the Global Junior Notes) to be given in the manner and to the extent provided in Section 1.613.02 (Notices), not less than 10 days prior to such Special Record Date. Notice of the proposed Date or payment of such Deferred Interest on the Securities of such series and the Special Record Date therefor having been so given, such Deferred Interest on the Securities of such series shall be paid to the Persons in whose names such Securities date (or their respective Predecessor Securities) are registered in the Security Register at the close of business on the Special Record Date; or (b) The Company may make payment of any Deferred Interest on the Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed impracticable by the Trusteeapplicable). Subject to the foregoing provisions of this Section 2.142.09, each Security Junior Note delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Security Junior Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other SecurityJunior Notes.

Appears in 1 contract

Samples: Indenture (Marconi Corp PLC)

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Payment; Interest Rights Preserved. Except as otherwise provided as contemplated by Section 2.4 with respect to any series of Securities, interest Interest on any series of Securities Senior Notes which is payable, and is punctually paid or duly provided for, on any Senior Note Interest Payment Date shall be paid (a) in the case of Definitive Registered Senior Notes, to the Person in whose name that Security Definitive Registered Senior Note (or one or more Predecessor SecuritiesSenior Notes) is registered in the Security Register at the close of business on the Regular Record Date for such interestpayment of interest and (b) in the case of Global Senior Notes, to the Holder through the Paying Agent by wire transfer of same-day funds to the Holder. In the case of Securities Definitive Registered Senior Notes where payment is to be made in U.S. dollarsUnited States Dollars, payment at any paying agent’s the Paying Agent's office outside The City of New York will be made in U.S. dollars US Dollars by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a U.S. United States dollar account maintained by the payee with, a bank in The City of New York. In the case of Definitive Registered Senior Notes where payment is to be made in British pounds sterling pursuant to Section 3.10 (Optional Payment of Redemption Amounts in British Pounds Sterling), payment at the Paying Agent's office will be made in British pounds sterling by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a British pounds sterling account maintained by the payee with, a bank in London. Any interest on any Security of any series Senior Note which is payable, but is not punctually paid or duly provided for, on any Senior Note Interest Payment Date is herein called “Deferred Interest.” "DEFERRED INTEREST". Deferred Interest on any Security of any series Senior Note shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue then of having been such Holder, and such Deferred Interest may be paid by the Company, at its election Issuer in each case, as provided in accordance with clause (a1) below (in the case of Definitive Registered Senior Notes) or (b2) below:below (in the case of Global Senior Notes): (a1) The Company Issuer shall make payment of any Deferred Interest in any lawful manner. The Issuer may elect to make payment of any Deferred Interest to the Persons in whose names the Securities of such series Definitive Registered Senior Notes (or their respective Predecessor SecuritiesSenior Notes) are registered in the Security Register at the close of business on a Special Record Date for special record date (the payment of such Deferred Interest, which "SPECIAL RECORD DATE"). The Issuer shall fix or cause to be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Deferred Interest proposed to be paid on each Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Interest as in this clause provided. Thereupon the Trustee shall fix a Special Record Date for the payment of such Deferred Interest in respect of such Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company of any such Special Record Date and, and payment date to the reasonable satisfaction of the Trustee; or (2) The Issuer shall make payment of any Deferred Interest in the name and at the expense case of the CompanyGlobal Senior Note held by any Holder, to the Holder through the Paying Agent on the payment date notified to the Holder by the Issuer. The Issuer shall cause notice of the proposed payment of such Deferred Interest and Interest, the Special Record Date therefor (in the case of Definitive Registered Senior Notes) or the payment date (in the case of the Global Senior Notes) to be given in the manner and to the extent provided in Section 1.613.02 (Notices), not less than 10 days prior to such Special Record Date. Notice of the proposed Date or payment of such Deferred Interest on the Securities of such series and the Special Record Date therefor having been so given, such Deferred Interest on the Securities of such series shall be paid to the Persons in whose names such Securities date (or their respective Predecessor Securities) are registered in the Security Register at the close of business on the Special Record Date; or (b) The Company may make payment of any Deferred Interest on the Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed impracticable by the Trusteeapplicable). Subject to the foregoing provisions of this Section 2.142.09, each Security Senior Note delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Security Senior Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other SecuritySenior Note.

Appears in 1 contract

Samples: Indenture (Marconi Corp PLC)

Payment; Interest Rights Preserved. (a) Except as otherwise provided as contemplated by Section 2.4 3.01 with respect to any series of Debt Securities, interest on any series of Debt Securities which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid paid, (i) in the case of definitive Debt Securities in registered form, to the Person in whose name that Debt Security (or one or more Predecessor Securities) is registered in the Security Register at the close of business on the Regular Record Date for such interest. In interest and, at the option of the Company, may be paid by check mailed to the address of the Person as it appears in the Debt Security Register, (ii) in the case of definitive Debt Securities where in bearer form, upon presentation and surrender outside of the United States of the Coupon appertaining thereto to a Paying Agent of the Company in respect of the payment is of interest to be made paid on such Interest Payment Date or (iii) in U.S. dollarsthe case of Global Securities held by any Holder, payment at any paying agent’s office outside The City of New York will be made in U.S. dollars by check drawn on, or, at to the request Holder including through a Paying Agent of the Holder, Company designated pursuant to Section 3.01 by wire transfer of same-day funds to a U.S. dollar account maintained the Holder or, at the option of the Company, by check mailed to the payee with, a bank address of the Holder as it appears in The City of New York. the Debt Security Register. (b) Any interest on any Debt Security of any series which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date is (herein called “Deferred Interest.” Deferred Interest on any Security of any series "DEFAULTED INTEREST") shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue then of having been such Holder, and such Deferred Defaulted Interest may be paid by the Company, at its election in each case, as provided in clause Clause (ai) or (bii) below: (ai) The Company may elect to make payment of any Deferred Defaulted Interest to the Persons in whose names the Debt Securities of such series (or their respective Predecessor Securities) are registered in the Security Register at the close of business on a Special Record Date date for the payment of such Deferred InterestDefaulted Interest (a "SPECIAL RECORD DATE"), which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Deferred Defaulted Interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Defaulted Interest or shall make arrangements reasonably satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Defaulted Interest as provided in this clause providedclause. Thereupon the Trustee shall fix a Special Record Date for the payment of such Deferred Defaulted Interest in respect of such registered Debt Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Trustee shall promptly notify the Company of such Special Record Date and, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Deferred Defaulted Interest and the Special Record Date therefor to be given in the manner and to the extent provided in Section 1.61.06, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Deferred Defaulted Interest on the Debt Securities of such series and the Special Record Date therefor having been so given, such Deferred Defaulted Interest on the Debt Securities of such series shall be paid (X) in the case of registered Debt Securities, to the Persons in whose names such Debt Securities (or their respective Predecessor Securities) are registered in the Debt Security Register at the close of business on the such Special Record Date; or, and (Y) in the case of bearer Debt Securities upon presentation and surrender outside the United States of the matured Coupons appertaining thereto, on the date for payment of such Defaulted Interest specified in the notice, and, in each case, shall no longer be payable pursuant to the following clause (ii). (bii) The Company may make payment of any Deferred Defaulted Interest on the Debt Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Debt Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed impracticable practicable by the Trustee. Subject to the foregoing provisions of this Section 2.143.07, each Debt Security delivered under this Indenture upon registration of transfer of or in exchange for or in lieu of any other Debt Security shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Debt Security.

Appears in 1 contract

Samples: Indenture (Axa)

Payment; Interest Rights Preserved. Except as otherwise provided as contemplated by Section 2.4 3.01 with respect to any series of Senior Debt Securities, interest interest, if any, on any series of Senior Debt Securities which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid paid, in the case of registered Senior Debt Securities, to the Person in whose name that Senior Debt Security (or one or more Predecessor Securities) is registered in the Security Register at the close of business on the Regular Record Date for such interestinterest or, in the case of Global Securities held by any Holder, to the Holder including through a Paying Agent of the Company designated pursuant to Section 3.01 outside the United Kingdom for collection by the Holder. In the case of registered Senior Debt Securities where payment is to be made in U.S. dollarsDollars, payment at any paying agentPaying Agent’s office outside The City of New York will be made in U.S. dollars Dollars by check drawn on, or, at the request of the Holder, by wire transfer of same-day funds to a U.S. dollar Dollar account maintained by the payee with, a bank in The City of New York. In the case of registered Senior Debt Securities where payment is to be made in a Foreign Currency, payment will be made as established pursuant to Section 3.01. Any interest on any Senior Debt Security of any series which is payable, but is not punctually paid or duly provided for, on any Interest Payment Date is herein called “Deferred Interest.” ”. Deferred Interest on any registered Senior Debt Security of any series shall forthwith cease to be payable to the Holder on the relevant Regular Record Date by virtue then of having been such Holder, and such Deferred Interest may be paid by the Company, at its election in each case, as provided in clause (a) or (b) below: (a) The Company may elect to make payment of any Deferred Interest to the Persons in whose names the registered Senior Debt Securities of such series (or their respective Predecessor Securities) are registered in the Security Register at the close of business on a Special Record Date for the payment of such Deferred Interest, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of Deferred Interest proposed to be paid on each Senior Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Deferred Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Deferred Interest as in this clause provided. Thereupon the Trustee Company shall fix a Special Record Date for the payment of such Deferred Interest in respect of such registered Senior Debt Securities of such series which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment and not less than 10 days after the receipt by it delivers to the Trustee of the notice of the proposed payment. The Trustee Company shall promptly notify the Company Trustee of such Special Record Date and, in the name and at the expense of the Company, the Trustee shall cause notice of the proposed payment of such Deferred Interest and the Special Record Date therefor to be given in the manner and to the extent provided in Section 1.61.06, not less than 10 days prior to such Special Record Date. Notice of the proposed payment of such Deferred Interest on the Senior Debt Securities of such series and the Special Record Date therefor having been so given, such Deferred Interest on the Senior Debt Securities of such series shall be paid in the case of registered Senior Debt Securities to the Persons in whose names such Senior Debt Securities (or their respective Predecessor Securities) are registered in the Senior Debt Security Register at the close of business on the Special Record Date, and such Deferred Interest shall no longer be payable pursuant to the following clause (b); or (b) The Company may make payment of any Deferred Interest on the Senior Debt Securities of any series in any other lawful manner not inconsistent with the requirements of any securities exchange on which such Senior Debt Securities may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed impracticable practicable by the Trustee. Subject to the foregoing provisions of this Section 2.14Section, each Senior Debt Security delivered under this Senior Debt Securities Indenture upon registration of transfer of or in exchange for or in lieu of any other Senior Debt Security shall carry the rights to interest accrued and unpaid, and to accrue interestaccrue, which were carried by such other Senior Debt Security.

Appears in 1 contract

Samples: Indenture (Royal Bank of Scotland Group PLC)

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