Common use of Payment of Interest; Defaulted Interest Clause in Contracts

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 14 contracts

Samples: Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)

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Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.03 hereof. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.02 hereof, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 14 contracts

Samples: Indenture (Bungeltd), Indenture (Bungeltd), Indenture Agreement (Bunge Limited Finance Corp)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 11 contracts

Samples: Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.), Indenture (Owens & Minor Inc/Va/)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.1, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 10 contracts

Samples: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 10 contracts

Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.03. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 25 days after Trustee’s receipt of such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 8 contracts

Samples: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, interest and Additional Amounts, if any, on any Note Security of such series 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.8. Any Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, any interest and Additional Amounts, if any, on any Note Security of such series which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes Securities therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.12, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest and Additional Amounts, if any, each as accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 7 contracts

Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co), Senior Indenture (Plymouth Products, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 7 contracts

Samples: Indenture (Blue Coat, Inc.), Indenture (Surgery Partners, Inc.), Indenture (Infor, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the Issuer, the Trustee shall shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 6 contracts

Samples: Indenture (PPD, Inc.), Indenture (PPD, Inc.), Indenture (CommScope Holding Company, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.12(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.12(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b2.12(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.12, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 6 contracts

Samples: Indenture (Skillz Inc.), Indenture (Carvana Co.), Indenture (Carvana Co.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 6 contracts

Samples: Indenture (Infor, Inc.), Indenture (Bankrate, Inc.), Indenture (Trisyn Group, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section SECTION 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements reasonably 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 Defaulted Interest as provided in this Section SECTION 2.15(a). Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section SECTION 13.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section SECTION 2.15(b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section SECTION 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section SECTION 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 6 contracts

Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder Securityholder on the regular record datedate by virtue of having been such Securityholder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Issuers of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.210.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 6 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp), Indenture (Star Gas Partners Lp)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 5 contracts

Samples: Indenture (Cornell Companies Inc), Indenture (VI Acquisition Corp), Indenture (Portola Packaging Inc)

Payment of Interest; Defaulted Interest. Interest on any Note which that is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Regular Record Date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.03. Any interest on any Note which that is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time Company shall make arrangements reasonably satisfactory to the Issuer shall Trustee to deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest on 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor therefor, which notice shall be prepared by the Company and shall be in a form reasonably acceptable to the Trustee, to be given in the manner provided for in Section 13.212.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of transfer of, transfer of or in exchange for for, or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, unpaid which were carried by such other Note.

Appears in 5 contracts

Samples: Indenture (Ciena Corp), Indenture (Ciena Corp), Indenture (Ciena Corp)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee or the Paying Agent in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period shall be acceptable to the Trustee or the Paying Agent) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee or the Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee or the Paying Agent of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing or the Paying Agent of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the Issuer, the Trustee shall or the Paying Agent shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee or the Paying Agent of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the TrusteeTrustee or the Paying Agent. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 5 contracts

Samples: Indenture (Allison Transmission Holdings Inc), Supplemental Indenture (Axalta Coating Systems Ltd.), Indenture (Allison Transmission Holdings Inc)

Payment of Interest; Defaulted Interest. Interest Subject to Section 4.01, interest on any Note which that is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such that Note (or one or more Predecessor NotesSecurities) is registered at the close Close of business Business on the regular record date Record Date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.04. Any Subject to Section 4.01, any interest on any Note which that is payable, but is not punctually paid when the same becomes due and payable and such nonpayment continues for a period of 30 days or duly provided for, on any Interest Payment Date shall forthwith cease to be payable to the registered Holder thereof on the regular record daterelevant Record Date by virtue of having been such Holder, and such defaulted interest and and, if applicable, interest on such defaulted interest (to the extent lawful) interest on such defaulted interest at the rate borne by or formula specified in the Notes of such series (such defaulted interest and and, if applicable, interest thereon herein collectively called “Defaulted Interest”) shall may be paid by the IssuerCompany, at its election in each case, as provided in clause (a1) or (b2) below: (a1) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor NotesPredecessor Securities) are registered at the close Close of business Business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (which shall not be less than 20 days after such notice is received by the “Special Interest Payment Date”Trustee), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date date of the proposed payment and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record DateDate and, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice (which notice shall be prepared by the Company) of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given mailed, first-class postage prepaid, to each Holder of Notes at his address as it appears in the manner provided for in Section 13.2, Note Register not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so givenmailed as aforesaid, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor NotesPredecessor Securities) are registered at the close Close of business Business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (2). (b2) The Issuer Company may make payment of any Defaulted Interest on the Notes in any other lawful manner not inconsistent with the requirements of any securities exchange on which the such Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company, in writing, to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.10, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 5 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee Paying Agent of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee and the Paying Agent in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee and the Paying Agent of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the TrusteePaying Agent. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 5 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.12(a). Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.12(b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b2.12(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.12, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 4 contracts

Samples: Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.), Indenture (loanDepot, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the such Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the Issuer, the Trustee shall shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 4 contracts

Samples: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 4 contracts

Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of (unless paid within 30 days of the due date thereof) shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchangemanner, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. (c) The Trustee shall not at any time be under any duty or responsibility to any Holder to determine the Defaulted Interest, or with respect to the nature, extent, or calculation of the amount of Defaulted Interest owed, or with respect to the method employed in such calculation of the Defaulted Interest. Subject to the foregoing provisions of this Section 2.152.14, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 4 contracts

Samples: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.214.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 4 contracts

Samples: Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp), Indenture (Frontier Communications Corp)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 4 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (Antero Resources LLC), Indenture (Antero Resources LLC)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee Trustees in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee Trustees or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee Trustees 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 Defaulted Interest as provided in this Section 2.15(a2.13(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee Paying Agent of the notice of the proposed payment. The Issuer shall promptly notify the Trustee Trustees and the Paying Agent in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee Trustees shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.13(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee Trustees and the Paying Agent of the proposed payment pursuant to this Section 2.15(b2.13(b), such manner of payment shall be deemed practicable by the Trustee. Paying Agent Subject to the foregoing provisions of this Section 2.152.13, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 4 contracts

Samples: Indenture (Primo Water Corp /CN/), Indenture (Primo Water Corp /CN/), Indenture (Cott Corp /Cn/)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period shall be acceptable to the Trustee) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Issuer of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Notwithstanding the foregoing, if any such Interest Payment Date (other than an Interest Payment Date at maturity) would otherwise be a day that is not a Business Day, then the Interest Payment Date shall be postponed to the next succeeding Business Day (except if that Business Day falls in the next succeeding calendar month, then interest shall be paid on the immediately preceding Business Day). If the maturity date of the Notes is a day that is not a Business Day, all payments to be made on such day shall be made on the next succeeding Business Day, with the same force and effect as if made on the maturity date. In either of such cases, no additional interest shall be payable as a result of such delay in payment. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 4 contracts

Samples: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (Solgar)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.14(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.14(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b2.14(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 4 contracts

Samples: Indenture (Armored AutoGroup Inc.), Indenture (Citadel Broadcasting Corp), Indenture (RDA Holding Co.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Nebraska Book Co), Indenture (Triton Energy LTD), Indenture (NBC Acquisition Corp)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Quorum Health Corp), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)

Payment of Interest; Defaulted Interest. Interest Except as otherwise provided as contemplated by Section 2.02 with respect to any Series of Notes, interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the Person person in whose name such that Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date Regular Record Date for such interest. If the Company defaults in a payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on the Notes of any Note Series which is payablepayable (“Defaulted Interest”), but is not paid when it shall pay the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateDefaulted Interest in any lawful manner plus, and such defaulted interest and (to the extent lawful) , interest payable on the Defaulted Interest, to the Persons who are Holders of such defaulted interest Series on a subsequent Special Record Date, in each case at the rate borne by provided in the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following mannerSeries. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Trustee for such deposit prior to Series and the date of the proposed payment, such money when deposited . The Company shall fix or cause to be held in trust for the benefit of the Persons entitled to fixed each such Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the Date and payment of date, provided that no such Defaulted Interest, which date Special Record Date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar related payment date for such Defaulted Interest. At least 15 days after before the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and the Company (or, upon the written request of the Company, the Trustee in the name and at the expense of the Issuer, the Trustee Company) shall mail or cause notice to be mailed to Holders of the proposed payment Notes of such Defaulted Interest and Series a notice that states the Special Record Date Date, the related payment date and Special Interest Payment Date therefor the amount of such interest to be given paid. Unless otherwise provided in the manner provided for in Section 13.2designation of Notes of a Series, not less than ten (10) calendar days prior to the defaulted interest rate shall be the rate of interest borne by such Special Record Date. Notice of Series at the proposed payment time of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trusteedefault. Subject to the foregoing provisions of this Section 2.152.13 and Section 2.07 hereof, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Debt Securities Indenture (Centene Corp), Debt Securities Indenture (Centene Corp), Debt Securities Indenture (Centene Corp)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such that Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date Regular Record Date for such interest payment. If the Issuers default in a payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payablethe Notes, but is not paid when they shall pay the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (in any lawful manner plus, to the extent lawful) , interest payable on such the defaulted interest interest, to the Persons who are Holders on a subsequent special record date, in each case at the rate borne by provided in the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following mannerSection 4.01 hereof. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest defaulted interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify fix or cause to be fixed each such special record date and payment date; provided that no such special record date shall be less than 10 days prior to the related payment date for such defaulted interest. At least 15 days before the special record date, the Issuers (or, upon the written request of the Issuers, the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers) shall mail or deliver or cause to be mailed or delivered to Holders a notice that states the special record date, the Trustee shall cause notice of related payment date and the proposed payment amount of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor interest to be given in paid. Notwithstanding the manner provided for in Section 13.2foregoing, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Issuers may make payment in cash of any Defaulted Interest defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture, Indenture, Indenture

Payment of Interest; Defaulted Interest. Interest Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 2.2, interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.4. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the such Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the such Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period shall be acceptable to the Trustee) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee Trustee, in writing writing, of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the such Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the such Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (F&G Annuities & Life, Inc.), Indenture (FGL Holdings), Indenture (Fidelity & Guaranty Life)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a); provided that, the Paying Agent that is a party to this Indenture or that is an Affiliate of the Trustee shall treat such money received by it as any other banker and shall not be required to hold such money in trust for the benefit of any Person. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee Paying Agent of the notice of the proposed payment. The Issuer shall promptly notify the Trustee and the Paying Agent in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee and the Paying Agent of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the TrusteePaying Agent. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee Paying Agent of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee and the Paying Agent in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee and the Paying Agent of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Paying Agent Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Indenture (Churchill Downs Inc)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.11(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.11(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b2.11(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Nordstrom Inc), Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)

Payment of Interest; Defaulted Interest. Interest and Additional Interest, if any, on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest and Additional Interest, if any, on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest and Additional Interest, if any, each as accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (TexCal Energy (LP) LLC), Indenture (BMC, Ltd.), Indenture (Venoco, Inc.)

Payment of Interest; Defaulted Interest. Interest and Special Interest, if any, on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest and Special Interest, if any, on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest and Special Interest, if any, each as accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Mariner Energy Resources, Inc.), Indenture (Mariner Energy Inc), Indenture (Mariner Energy Inc)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.03 hereof. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.02 hereof, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.13, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Ethan Allen Interiors Inc), Indenture (Bunge LTD), Indenture (Bunge LTD)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Clayton Williams Energy Inc /De), Indenture (Clayton Williams Energy Inc /De), Indenture (Delta Petroleum Corp/Co)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes set forth in Section 6.1(c) (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.12(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.12(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b2.12(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.12, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Carvana Co.), Indenture (Carvana Co.), Transaction Support Agreement (Carvana Co.)

Payment of Interest; Defaulted Interest. Interest (a) Except as otherwise provided as contemplated by Section 2.01 with respect to any series of Debt Securities, interest on any Note Debt Security which is payable, and is punctually paid or duly provided for, on any interest payment date shall Interest Payment Date will be paid to the Person in whose name such Note that Debt Security (or one or more Predecessor NotesDebt Securities) is registered at the close of business on the regular record date Regular Record Date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. interest. (b) Any interest on any Note Debt Security which is payable, payable but is not punctually paid when the same becomes due and payable and such nonpayment continues or duly provided for a period of 30 days on any Interest Payment Date (herein called “Defaulted Interest”) shall forthwith cease to be payable to the registered Holder on the regular record daterelevant Regular Record Date by virtue of his having been such registered Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall Interest may be paid by the IssuerCompany, at its election in each case, as provided in clause (a1) or (b2) below: (a1) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes such Debt Securities (or their respective predecessor NotesPredecessor Debt Security) are registered at the close of business on a special record date (the “Special Record Date (as defined belowDate”) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note such Debt Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”)payment, and at the same time the Issuer Company shall deposit with the Trustee prior to 10:00 a.m., New York City time, an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) Date for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record DateDate and, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given mailed, first-class postage prepaid, to the Holders of such Debt Securities at their addresses as they appear in the manner provided for in Section 13.2Debt Security Register, not less than ten (10) calendar 15 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so givenmailed as aforesaid, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes such Debt Securities (or their respective predecessor NotesPredecessor Debt Security) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (2). (b2) The Issuer Company may make payment of any Defaulted Interest on Debt Securities in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes such Debt Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice is given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. . (c) Subject to the foregoing provisions of this Section 2.15Section, each Note Debt Security delivered under this Indenture upon registration transfer of, transfer of or in exchange for for, or in lieu of of, any other Note Debt Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteDebt Security.

Appears in 3 contracts

Samples: Indenture (Ramparts, Inc.), Indenture (MRG Vegas Portal, Inc.), Indenture (MGM Mirage)

Payment of Interest; Defaulted Interest. (a) Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date shall Interest Payment Date will be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. . (b) Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall will forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall will be paid by the IssuerIssuers, at its their election in each case, as provided in clause (ai) or (bii) below: (ai) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall will be fixed in the following manner. The Issuer shall Issuers will notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period will be acceptable to the Trustee) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall Issuers will deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall will 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall Issuers will fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall will be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall Issuers will promptly notify the Trustee in writing of such Special Record DateDate and will, or at the written request and in the name and at the expense of the IssuerIssuers, the Trustee shall will, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall will be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall will no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (ii). (bii) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (ii), such manner of payment shall will be deemed practicable by the Trustee. . (c) Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall will carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) ), shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the Issuer, the Trustee shall shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Payment of Interest; Defaulted Interest. The principal of (and premium, if any) and interest and Additional Interest, if any, on the Securities shall be payable at the office or agency of the Company maintained for such purpose in the Borough of Manhattan in the City of New York, or at such other office or agency of the Company as may be maintained for such purpose pursuant to Section 2.3 herein; provided, however, that, at the option of the Company, each installment of interest may be paid by check mailed to addresses of the Persons entitled thereto as such addresses shall appear on the Security Register and; provided, further, that all payments with respect to the Securities, the Holders of which have given wire transfer instructions to the Company and the Paying Agent at least 10 Business Days prior to the applicable payment date, will be required to be made by wire transfer of immediately available funds to the accounts specified by the Holders thereof. Payments in respect of Securities represented by a Global Security (including principal, premium, interest and Additional Interest, if any) will be made by wire transfer of immediately available funds to the accounts specified by DTC. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.3 herein. Any interest on any Note Security which is payable, but is not punctually paid or duly provided for when the same becomes due and payable and such nonpayment continues for a period of 30 days payable, shall forthwith cease to be payable to the Holder on the relevant regular record datedate by virtue of having been such a Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause paragraph (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)paragraph (a) provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date date of the proposed payment and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2 herein, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing paragraph (b). (b) The Issuer Company may make payment of any such Defaulted Interest to the Persons in whose names such Securities are registered at the close of business on a specified date in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. . (c) Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Navistar International Corp), Indenture (Navistar, Inc.), Indenture (Navistar International Corp)

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, interest and Additional Amounts, if any, on any Note Security of such series 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.8. Any Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, any interest and Additional Amounts, if any, on any Note Security of such series which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes Securities therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. (c) The Trustee shall not at any time be under any duty or responsibility to any Holder to determine the Defaulted Interest, or with respect to the nature, extent, or calculation of the amount of Defaulted Interest owed, or with respect to the method employed in such calculation of the Defaulted Interest. Subject to the foregoing provisions of this Section 2.152.12, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest and Additional Amounts, if any, each as accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Cowen Group, Inc.), Indenture (Cowen Group, Inc.), Indenture (General Finance CORP)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities Notes exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note. The Trustee will have no duty whatsoever to determine whether any Defaulted Interest is payable or the amount thereof.

Appears in 3 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Nexstar Media Group, Inc.), Indenture (Nexstar Broadcasting Group Inc), Indenture (Nexstar Broadcasting Group Inc)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor NotesSecurities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Cellu Tissue - CityForest LLC), Indenture (Cellu Tissue Holdings, Inc.), Indenture (Prospect Medical Holdings Inc)

Payment of Interest; Defaulted Interest. Interest on any Note which that is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such that Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Regular Record Date for such interest. If the Company defaults in a payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note the Notes which is payablepayable (“Defaulted Interest”), but is not paid when it shall pay the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateDefaulted Interest in any lawful manner plus, and such defaulted interest and (to the extent lawful) , interest payable on such defaulted interest the Defaulted Interest, to the Persons who are Holders on a subsequent Special Record Date, in each case at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note such Notes and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 . The Company shall fix or cause to be held in trust for the benefit of the Persons entitled to fixed each such Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the Date and payment of date, provided that no such Defaulted Interest, which date Special Record Date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar related payment date for such Defaulted Interest. At least 15 days after before the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and the Company (or, upon the written request of the Company, the Trustee in the name and at the expense of the Issuer, the Trustee Company) shall mail or cause to be mailed to Holders of Notes a notice of the proposed payment of such Defaulted Interest and that states the Special Record Date Date, the related payment date and Special Interest Payment Date therefor the amount of such interest to be given in the manner provided for in Section 13.2, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trusteepaid. Subject to the foregoing provisions of this Section 2.152.14 and Section 2.08 hereof, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note which Debt Security that is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the Person in whose name such Note Debt Security (or one or more Predecessor Notespredecessor Debt Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.5. Any interest on any Note which Debt Security of any series that is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder thereof on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Debt Securities of such series (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest on the Debt Securities of any series to the Persons in whose names the Notes such Debt Securities (or their respective predecessor NotesDebt Securities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Debt Security of such series and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed paymentDate. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.210.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Debt Securities (or their respective predecessor NotesDebt Securities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Debt Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.13, each Note Debt Security of any series delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Debt Security of such series shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteDebt Security of such series.

Appears in 3 contracts

Samples: Indenture (Stanley Works), Debt Securities Indenture (Black & Decker Corp), Indenture (Black & Decker Corp)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 3 contracts

Samples: Indenture (Surgery Partners, Inc.), Indenture (Surgery Partners, Inc.), Indenture (Surgery Partners, Inc.)

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.01 with respect to the Securities of any series, interest and Additional Amounts, if any, on any Note Security of such series 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.05. Any Unless otherwise provided as contemplated by Section 2.01 with respect to the Securities of any series, any interest and Additional Amounts, if any, on any Note Security of such series which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes Securities therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.12, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest and Additional Amounts, if any, each as accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Fossil Group, Inc.), Senior Indenture (Fossil Group, Inc.), Senior Indenture (Fossil Group, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. (c) The Trustee shall not at any time be under any duty or responsibility to any Holder to determine the Defaulted Interest, or with respect to the nature, extent, or calculation of the amount of Defaulted Interest owed, or with respect to the method employed in such calculation of the Defaulted Interest. Subject to the foregoing provisions of this Section 2.152.14, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (CONSOL Mining Corp), Indenture (CONSOL Energy Inc), Indenture (CONSOL Energy Inc)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (General Maritime Corp/), Indenture (Russell Corp), Indenture (Jiffy Lube International Inc)

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.01 with respect to the Securities of any series, interest and Additional Amounts, if any, on any Note Security of such series 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.08. Any Unless otherwise provided as contemplated by Section 2.01 with respect to the Securities of any series, any interest and Additional Amounts, if any, on any Note Security of such series which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes Securities therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.12, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest and Additional Amounts, if any, each as accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 3 contracts

Samples: Indenture (Harman International Industries Inc /De/), Indenture (Harman International Industries Inc /De/), Senior Indenture (Flowserve Holdings Inc)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee Paying Agent of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee and the Paying Agent in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee and the Paying Agent of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the TrusteePaying Agent. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (IAA Spinco Inc.), Indenture (KAR Auction Services, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.03. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 25 days after the Trustee’s receipt of such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record DateDate and, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in under Section 13.2, 11.6 not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Deluxe Corp), Indenture (Conexant Systems Inc)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section SECTION 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”"DEFAULTED INTEREST") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”"SPECIAL INTEREST PAYMENT DATE"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”"SPECIAL RECORD DATE") for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2SECTION 11.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesPredecessor Securities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Ne Restaurant Co Inc), Indenture (Bertuccis of White Marsh Inc)

Payment of Interest; Defaulted Interest. Interest on any Note which that is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Regular Record Date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which that is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time Company shall make arrangements reasonably satisfactory to the Issuer shall Trustee to deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest on 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor therefor, which notice shall be prepared by the Company and shall be in a form reasonably acceptable to the Trustee, to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of transfer of, transfer of or in exchange for for, or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, unpaid which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Ciena Corp), Indenture (Ciena Corp)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest in cash at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Ultra Petroleum Corp), Exchange Agreement (Ultra Petroleum Corp)

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Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its election in each casetheir election, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen Inc.)

Payment of Interest; Defaulted Interest. Interest Subject to Section 4.02, interest on any Note which that is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such that Note (or one or more Predecessor NotesSecurities) is registered at the close Close of business Business on the regular record date Record Date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.04. Any Subject to Section 4.02, any interest on any Note which that is payable, but is not punctually paid when the same becomes due and payable and such nonpayment continues for a period of 30 days or duly provided for, on any Interest Payment Date shall forthwith cease to be payable to the registered Holder thereof on the regular record daterelevant Record Date by virtue of having been such Holder, and such defaulted interest and and, if applicable, interest on such defaulted interest (to the extent lawful) interest on such defaulted interest at the rate borne by or formula specified in the Notes of such series (such defaulted interest and and, if applicable, interest thereon herein collectively called “Defaulted Interest”) shall may be paid by the IssuerCompany, at its election in each case, as provided in clause (a1) or (b2) below: (a1) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor NotesPredecessor Securities) are registered at the close Close of business Business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (which shall not be less than 20 days after such notice is received by the “Special Interest Payment Date”Trustee), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date date of the proposed payment and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record DateDate and, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice (which notice shall be prepared by the Company) of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given mailed, first-class postage prepaid, to each Holder of Notes at his address as it appears in the manner provided for in Section 13.2, Note Register not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so givenmailed as aforesaid, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor NotesPredecessor Securities) are registered at the close Close of business Business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (2). (b2) The Issuer Company may make payment of any Defaulted Interest on the Notes in any other lawful manner not inconsistent with the requirements of any securities exchange on which the such Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company, in writing, to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.09, each Note delivered under this Supplemental Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp)

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, interest and Additional Amounts, if any, on any Note Security of such series 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.8. Any Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, any interest and Additional Amounts, if any, on any Note Security of such series which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes Securities therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. (c) The Trustee shall not at any time be under any duty or responsibility to any Holder to determine the Defaulted Interest, or with respect to the nature, extent, or calculation of the amount of Defaulted Interest owed, or with respect to the method employed in such calculation of the Defaulted Interest. Subject to the foregoing provisions of this Section 2.152.12, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest and Additional Amounts, if any, each as accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Ross Stores Inc), Indenture (Ross Stores Inc)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.03 hereof. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.02 hereof, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.Record

Appears in 2 contracts

Samples: Indenture (Bunge Finance Europe B.V.), Indenture (Bunge LTD)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period shall be acceptable to the Trustee) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the IssuerIssuers, the Trustee shall shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Ortho Clinical Diagnostics Holdings PLC), Indenture (Ortho Clinical Diagnostics Holdings PLC)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each caseelection, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen twenty (1520) calendar days and not less than ten fifteen (1015) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Diversey Holdings, Ltd.), Indenture (Infrastructure & Energy Alternatives, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date Regular Record Date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.05. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.213.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Pier 1 Imports Inc/De), Indenture (Pier 1 Imports Inc/De)

Payment of Interest; Defaulted Interest. Interest (including any Additional Interest) on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date Regular Record Date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to as provided in Section 2.32.01. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest (including any Additional Interest) accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.32.03. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.11(a). Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.01, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.11(b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b2.11(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)

Payment of Interest; Defaulted Interest. Interest on any Note Security which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesPredecessor Securities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Pico Holdings Inc /New), Indenture (UCP, Inc.)

Payment of Interest; Defaulted Interest. Interest (including any Additional Interest) on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date Regular Record Date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.05. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest (including any Additional Interest) accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Chemed Corp), Indenture (Chemed Corp)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record DateDate and, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in under Section 13.2, 11.2 not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Libbey Inc), Indenture (Libbey Inc)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.03 hereof. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.02 hereof, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.13, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Bunge LTD), Indenture (Bunge LTD)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record DateDate and, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in under Section 13.2, 12.2 not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Deluxe Corp), Indenture (Libbey Inc)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.14(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.14(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b2.14(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (CPG Newco LLC), Indenture (CPG Newco LLC)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee 44 38 shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesPredecessor Securities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Nebraska Book Co), Indenture (NBC Acquisition Corp)

Payment of Interest; Defaulted Interest. (a) Section 307 of the Original Indenture shall not apply to the Securities and hereafter shall be void and of no force and effect except solely with respect to any other series of securities issued under the Indenture; and, insofar as relating to the Securities, any reference to Section 307 in the Original Indenture shall instead be deemed to refer to Section 2.07 of this Supplemental Indenture. (b) Interest (including any Additional Interest) on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date Regular Record Date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to as provided in Section 2.32.01. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (ai) or (bii) below: (ai) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2105 of the Original Indenture, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (ii). (bii) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.07, each Note Security delivered under this Supplemental Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest (including any Additional Interest) accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Smithfield Foods Inc), Second Supplemental Indenture (Smithfield Foods Inc)

Payment of Interest; Defaulted Interest. Interest (including any Additional Interest) on any Note Security which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date Regular Record Date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.05. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, Company at its election election, in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.214.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice is given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest (including any Additional Interest) accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Superior Energy Services Inc)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period shall be acceptable to the Trustee) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the Issuer, the Trustee shall shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Triangle Petroleum Corp), Indenture (American Capital, LTD)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business 5:00 p.m. New York City time on the regular record date Record Date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business 5:00 p.m. New York City time on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time Company shall make arrangements reasonably satisfactory to the Issuer shall Trustee to deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest on 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.214.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business 5:00 p.m. New York City time on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of transfer of, transfer of or in exchange for for, or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, unpaid which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC)

Payment of Interest; Defaulted Interest. (a) Interest on any Note Debenture 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 such Note Debenture (or one or more Predecessor Notespredecessor Debentures) is registered at the close of business on the regular record date for such payment interest as provided in the Debenture at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. 2.4. (b) Any interest on any Note Debenture which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Debentures (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Debentures (or their respective predecessor NotesDebentures) are registered at the close of business on a Special Record Date (as defined belowhereinafter defined) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Debenture and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar days after the receipt by the Trustee of the notice of the proposed paymentDate. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, 12.2 not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Debentures (or their respective predecessor NotesDebentures) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b)Date. (bc) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Debenture delivered under this Indenture upon registration of, transfer of of, or in exchange for or in lieu of of, any other Note Debenture shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteDebenture. (d) All references in this Indenture and in the Debenture annexed hereto as Exhibit A to "interest" payable in respect of the Debentures shall include Defaulted Interest, where applicable.

Appears in 2 contracts

Samples: Indenture (Oxford Health Plans Inc), Indenture (Oxford Health Plans Inc)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.)

Payment of Interest; Defaulted Interest. Interest (including any Additional Interest) on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date Regular Record Date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to as provided in Section 2.32.01. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days days, shall forthwith cease to be payable to the Holder on the regular record dateRegular Record Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest (including any Additional Interest) accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /De/)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 25 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Company shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Company shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted as a result thereof, the interest and rate shall increase to a rate equal to one percent (1%) per annum in excess of the then applicable interest rate borne by the Securities and, to the extent lawful) , interest shall accrue on such defaulted interest at the rate borne by the Notes (such defaulted interest, increased interest and interest thereon herein collectively called “Defaulted Interest”) and all of such interest shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) a. The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) b. The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Notwithstanding the foregoing, if any such interest payment date (other than an interest payment date at maturity) would otherwise be a day that is not a Business Day, then the interest payment shall be postponed to the next succeeding Business Day (except if that Business Day falls in the next succeeding calendar month, then interest shall be paid on the immediately preceding Business Day). If the maturity date of the Securities is a day that is not a Business Day, all payments to be made on such day shall be made on the next succeeding Business Day, with the same force and effect as if made on the maturity date. In either of such cases, no additional interest shall be payable as a result of such delay in payment. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.)

Payment of Interest; Defaulted Interest. Interest and Additional Interest, if any, on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest and Additional Interest, if any, on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.11, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest and Additional Interest, if any, each as accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Venoco, Inc.), Indenture (Venoco, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period shall be acceptable to the Trustee) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the IssuerIssuers, the Trustee shall shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person person in whose name such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date Regular Record Date for such interest. If the Company defaults in a payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note the Notes which is payablepayable (“Defaulted Interest”), but is not paid when it shall pay the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateDefaulted Interest in any lawful manner plus, and such defaulted interest and (to the extent lawful) , interest payable on such defaulted interest the Defaulted Interest, to the Persons who are Holders on a subsequent Special Record Date, in each case at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note the Notes and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 . The Company shall fix or cause to be held in trust for the benefit of the Persons entitled to fixed each such Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the Date and payment of date, provided that no such Defaulted Interest, which date Special Record Date shall be not more than fifteen (15) calendar days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar related payment date for such Defaulted Interest. At least 15 days after before the receipt by the Trustee of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing of such Special Record Date, and the Company (or, upon the written request of the Company delivered at least 5 Business Days before such notice is to be mailed (or such other period acceptable to the Trustee), the Trustee in the name and at the expense of the Issuer, the Trustee Company) shall mail or cause to be mailed to Holders a notice of the proposed payment of such Defaulted Interest and that states the Special Record Date Date, the related payment date and Special Interest Payment Date therefor the amount of such interest to be given in the manner provided for in Section 13.2, not less than ten (10) calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the Trusteepaid. Subject to the foregoing provisions of this Section 2.152.14 and Section 2.08 hereof, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Molina Healthcare Inc), Indenture (Molina Healthcare Inc)

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.01 with respect to the Securities of any series, interest and Additional Amounts, if any, on any Note Security of such series 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.08. Any Unless otherwise provided as contemplated by Section 2.01 with respect to the Securities of any series, any interest and Additional Amounts, if any, on any Note Security of such series which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes Securities therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon Thereupon, the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.02, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.12, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest and Additional Amounts, if any, each as accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Senior Indenture (Ingersoll Rand Inc.), Senior Indenture (Ingersoll Rand Inc.)

Payment of Interest; Defaulted Interest. Interest Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, interest and Additional Amounts, if any, on any Note Security of such series 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.32.5. Any Unless otherwise provided as contemplated by Section 2.1 with respect to the Securities of any series, any interest and Additional Amounts, if any, on any Note Security of such series which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by provided for in the Notes Securities therefor (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. . (c) The Trustee shall not at any time be under any duty or responsibility to any Holder to determine the Defaulted Interest, or with respect to the nature, extent, or calculation of the amount of Defaulted Interest owed, or with respect to the method employed in such calculation of the Defaulted Interest. (d) Subject to the foregoing provisions of this Section 2.152.12, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest and Additional Amounts, if any, each as accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Gw Pharmaceuticals PLC), Indenture (Gw Pharmaceuticals PLC)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee or Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a). Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) 20 calendar days and not less than ten (10) 15 calendar days prior to the Special Interest Payment Date and not less than ten (10) 10 calendar days after the receipt by the Trustee Paying Agent of the notice of the proposed payment. The Issuer shall promptly notify the Trustee and the Paying Agent in writing of such Special Record Date, and in the name and at the expense of the Issuer, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) 10 calendar days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee and the Paying Agent of the proposed payment pursuant to this Section 2.15(b), such manner of payment shall be deemed practicable by the TrusteePaying Agent. Subject to the foregoing provisions of this Section 2.15, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor NotesSecurities) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Colt Defense Technical Services LLC), Indenture (Colt Finance Corp.)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Company shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.211.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Georgia Gulf Corp /De/), Indenture (Apogent Technologies Inc)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer Company maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerCompany, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Company may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Company shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time Company shall make arrangements reasonably satisfactory to the Issuer shall Trustee to deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest on 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, Interest which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Company of such Special Record Date, and in the name and at the expense of the IssuerCompany, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.214.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Company may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Company to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of transfer of, transfer of or in exchange for for, or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, unpaid which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp)

Payment of Interest; Defaulted Interest. Interest on any Note Security 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 such Note Security (or one or more Predecessor Notespredecessor Securities) is registered at the close of business on the regular record date for such payment interest at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note Security which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record datedate by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes Securities (such defaulted interest and interest thereon herein collectively called "Defaulted Interest") shall be paid by the IssuerIssuers, at its their election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note Security and the date (not less than 30 days after such notice) of the proposed payment (the "Special Interest Payment Date"), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer Trustee shall fix a record date (the "Special Record Date") for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Trustee shall promptly notify the Trustee in writing Issuers of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes Securities (or their respective predecessor NotesSecurities) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes Securities may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b)clause, such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.13, each Note Security delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note Security shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other NoteSecurity.

Appears in 2 contracts

Samples: Indenture (Plains Exploration & Production Co L P), Indenture (Plains Resources Inc)

Payment of Interest; Defaulted Interest. Interest on any Note 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 such Note (or one or more Predecessor Notes) is registered at the close of business on the regular record date for such payment at the office or agency of the Issuer Issuers maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record date, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the IssuerIssuers, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer Issuers may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer Issuers shall notify the Trustee in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such notice) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer Issuers shall deposit with the Trustee an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a2.14(a). Thereupon the Issuer Issuers shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee of the notice of the proposed payment. The Issuer Issuers shall promptly notify the Trustee in writing of such Special Record Date, and in the name and at the expense of the IssuerIssuers, the Trustee shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.2, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(b2.14(b). (b) The Issuer Issuers may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer Issuers to the Trustee of the proposed payment pursuant to this Section 2.15(b2.14(b), such manner of payment shall be deemed practicable by the Trustee. Subject to the foregoing provisions of this Section 2.152.14, each Note delivered under this Indenture upon registration of, transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Indenture (Northern Tier Energy LLC), Indenture (Northern Tier Energy, Inc.)

Payment of Interest; Defaulted Interest. Interest on any Note which is payable, and is punctually paid or duly provided for, on any interest payment date Interest Payment Date shall be paid to the Person in whose name such Note (or one or more Predecessor predecessor Notes) is registered at the close of business on the regular record date Record Date for such payment interest at the office or agency of the Issuer maintained for such purpose pursuant to Section 2.3. Any interest on any Note which is payable, but is not paid when the same becomes due and payable and such nonpayment continues for a period of 30 days shall forthwith cease to be payable to the Holder on the regular record dateRecord Date by virtue of having been such Holder, and such defaulted interest and (to the extent lawful) interest on such defaulted interest at the rate borne by the Notes (such defaulted interest and interest thereon herein collectively called “Defaulted Interest”) shall be paid by the Issuer, at its election in each case, as provided in clause (a) or (b) below: (a) The Issuer may elect to make payment of any Defaulted Interest to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on a Special Record Date (as defined below) for the payment of such Defaulted Interest, which shall be fixed in the following manner. The Issuer shall notify the Trustee or the applicable Paying Agent in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date (not less than 30 days after such noticenotice unless a shorter period shall be acceptable to the Trustee or the applicable Paying Agent) of the proposed payment (the “Special Interest Payment Date”), and at the same time the Issuer shall deposit with the Trustee or the applicable Paying Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such 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 Defaulted Interest as provided in this Section 2.15(a)clause provided. Thereupon the Issuer shall fix a record date (the “Special Record Date”) for the payment of such Defaulted Interest, which date shall be not more than fifteen (15) calendar 15 days and not less than ten (10) calendar 10 days prior to the Special Interest Payment Date and not less than ten (10) calendar 10 days after the receipt by the Trustee or the applicable Paying Agent of the notice of the proposed payment. The Issuer shall promptly notify the Trustee in writing or the applicable Paying Agent of such Special Record DateDate and shall, or at the written request and in the name and at the expense of the Issuer, the Trustee shall or the applicable Paying Agent shall, cause notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor to be given in the manner provided for in Section 13.212.1, not less than ten (10) calendar 10 days prior to such Special Record Date. Notice of the proposed payment of such Defaulted Interest and the Special Record Date and Special Interest Payment Date therefor having been so given, such Defaulted Interest shall be paid on the Special Interest Payment Date to the Persons in whose names the Notes (or their respective predecessor Notes) are registered at the close of business on such Special Record Date and shall no longer be payable pursuant to the provisions in Section 2.15(bfollowing clause (b). (b) The Issuer may make payment of any Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes may be listed, and upon such notice as may be required by such exchange, if, after written notice given by the Issuer to the Trustee or the applicable Paying Agent of the proposed payment pursuant to this Section 2.15(bclause (b), such manner of payment shall be deemed practicable by the TrusteeTrustee or the applicable Paying Agent. Subject to the foregoing provisions of this Section 2.15Section, each Note delivered under this Indenture upon registration of, of transfer of or in exchange for or in lieu of any other Note shall carry the rights to interest accrued and unpaid, and to accrue, which were carried by such other Note.

Appears in 2 contracts

Samples: Supplemental Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.)

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