Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date shall be paid to the persons who are holders of Debt Securities of such series at the close of business on the record date specified for that purpose as contemplated by Section 2.2. At the option of the Company, payment of interest on any series of Debt Securities may be made by check mailed to the holder’s registered address. If the Company defaults in a payment of interest on the Debt Securities of any series, it shall pay the defaulted interest to the persons who are holders of Debt Securities of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trustee.
Appears in 6 contracts
Samples: Indenture, Indenture (Constellation Brands, Inc.), Indenture (Constellation Brands, Inc.)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date shall be paid to the persons who are holders of Debt Securities of such series at the close of business on the record date specified for that purpose as contemplated by Section 2.2. At the option of the Company, payment of interest on any series of Debt Securities may be made by check mailed to the holder’s 's registered address. If the Company defaults in a payment of interest on the Debt Securities of any series, it shall pay the defaulted interest to the persons who are holders of Debt Securities of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trustee.
Appears in 5 contracts
Samples: Indenture (Westell Technologies Inc), Indenture (Constellation International Holdings LTD), Indenture Agreement (Constellation Australia Pty LTD)
Payment of Interest; Defaulted Interest. Except Unless otherwise provided with respect to the Securities of any series as provided in contemplated by Section 13.42.02, interest (except defaulted interest) on the Debt Securities any Registered Security of any series which is payable on any interest payment date Interest Payment Date shall be paid to the persons who are holders of Debt Securities of such series Holder in whose name that Security (or one or more Predecessor Securities) is registered on the security register at the close of business on the record date specified Regular Record Date for that purpose as contemplated by Section 2.2such interest payment. At the option of the Company, payment of interest on any series of Debt Securities Registered Security may be made (i) by check mailed to the holder’s registered addressaddress of the person entitled thereto as such address appears in the security register, or (ii) if so specified with respect to the Securities of such series as contemplated by Section 2.02, by wire transfer to an account designated by such person. If Unless otherwise provided with respect to the Securities of any series as contemplated by Section 2.02, if the Company defaults in a payment of interest on the Debt Registered Securities of any seriesseries on any Interest Payment Date, it shall pay the defaulted interest to the persons who are holders of Debt Securities Securityholders of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities Securityholder of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Registered Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series Paying Agent an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any the Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner manner. Unless otherwise provided with respect to the Registered Securities of any series as contemplated by Section 2.02, in the case of any Registered Security of any series which is converted after any Regular Record Date and on or prior to the next succeeding Interest Payment Date (other than any Registered Security which is due and payable prior to such Interest Payment Date), interest which is due and payable on such Interest Payment Date shall be payable on such Interest Payment Date notwithstanding such conversion, and such interest shall be paid to the Holder in whose name that Registered Security is registered at the close of business on such Regular Record Date. If any Bearer Security of a series is surrendered in exchange for a Registered Security of such series at an office or agency maintained by the Company for such purpose in a place of payment for such series after the close of business at such office or agency (i) on any Regular Record Date and before the opening of business at such office or agency on the relevant Interest Payment Date or (ii) on any special record date and before the opening of business at such office or agency on the related date for payment of defaulted interest, such Bearer Security shall be surrendered without the coupon relating to such Interest Payment Date or proposed date of payment, as the case may be, and interest or defaulted interest, as the case may be, will not inconsistent be payable on such Interest Payment Date or proposed date of payment, as the case may be, in respect of the Registered Security issued in exchange for such Bearer Security, but will be payable only to the Holder of such coupon when due in accordance with the requirements provisions of this Indenture. Unless otherwise specified with respect to the Securities of any securities exchange series pursuant to Section 2.02, any interest due on which any Bearer Security on or before the Debt maturity thereof, and any Additional Amounts payable with respect to such interest, shall be payable only upon presentation of the coupons appertaining thereto for such interest as they severally mature. Unless otherwise specified with respect to the Securities of any series pursuant to Section 2.02, at the option of the Company, payment of interest on any Bearer Security may be listed, and upon notice as may be required made by such exchange if, after notice given check (provided the same is not mailed to an address inside the United States) or by wire transfer to an account located outside the United States maintained by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trusteepayee.
Appears in 5 contracts
Samples: Indenture (Tci Communications Inc), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Payment of Interest; Defaulted Interest. Except Unless otherwise provided with respect to the Securities of any series as provided in contemplated by Section 13.42.02, interest (except defaulted interest) on the Debt Securities any Security of any series which is payable on any interest payment date Interest Payment Date shall be paid to the persons who are holders of Debt Securities of such series Holder in whose name that Security (or one or more Predecessor Securities) is registered on the security register at the close of business on the record date specified Regular Record Date for that purpose as contemplated by Section 2.2such interest payment. At the option of the Company, payment of interest on any series of Debt Securities Security may be made (i) by check mailed to the holder’s registered addressaddress of the Person entitled thereto as such address appears in the security register, or (ii) if so specified with respect to the Securities of such series as contemplated by Section 2.02, by wire transfer to any account designated by such Person so long as the Paying Agent is notified in writing at least five Business Days prior to such Interest Payment Date. If the Company defaults in a payment of interest on the Debt Securities of any seriesseries on any Interest Payment Date, it shall pay the defaulted interest to the persons Persons who are holders of Debt Securities Securityholders of such series at the close of business on a subsequent special record date. The Company shall fix the special record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities Securityholder of such series a notice that states the special record date, the payment date and the amount of defaulted interest proposed to be paid. The Company shall notify the Trustee in writing of the amount of the defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series Paying Agent an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any the Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trusteemanner.
Appears in 4 contracts
Samples: Indenture (Xl Capital LTD), Indenture (Circus Finance Ii), Indenture (Xl Capital LTD)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest Interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date Interest Payment Date shall be paid to the persons who are holders of Debt Securities Holders of such series at the close of business on the record date specified Regular Record Date for that purpose as contemplated by Section 2.2such interest payment. At the option of the Company, payment of interest on any series of Debt Securities Security may be made by check mailed to the holder’s Holder's registered address. If the Company defaults in a payment of interest on the Debt Securities of any seriesseries on any Interest Payment Date, it shall pay the defaulted interest to the persons who are holders of Debt Securities Securityholders of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities Securityholder of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series Paying Agent an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any the Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent manner. Unless otherwise provided with respect to the requirements Securities of any securities exchange series as contemplated by Section 2.02, in the case of any Security of any series which is converted after any Regular Record Date and on or prior to the next succeeding Interest Payment Date (other than any Security which the Debt Security may is due and payable prior to such Interest Payment Date), interest which is due and payable on such Interest Payment Date shall be listedpayable on such Interest Payment Date notwithstanding such conversion, and upon notice as may such interest shall be required by such exchange if, after notice given by the Company paid to the Trustee Holder in whose name that Security is registered at the close of the proposed payment pursuant to this clause, business on such payment shall be deemed practicable by the Trustee.Regular Record Date. 17
Appears in 3 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest Interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date Interest Payment Date shall be paid to the persons who are holders of Debt Securities Holders of such series at the close of business on the record date specified Regular Record Date for that purpose as contemplated by Section 2.2such interest payment. At the option of the Company, payment of interest on any series of Debt Securities Security may be made by check mailed to the holder’s Holder's registered address. If the Company defaults in a payment of interest on the Debt Securities of any seriesseries on any Interest Payment Date, it shall pay the defaulted interest to the persons who are holders of Debt Securities Securityholders of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities Securityholder of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series Paying Agent an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any the Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent manner. Unless otherwise provided with respect to the requirements Securities of any securities exchange series as contemplated by Section 2.02, in the case of any Security of any series which is converted after any Regular Record Date and on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company or prior to the Trustee of the proposed payment pursuant next succeeding Interest Payment Date (other than any Security which is due and payable prior to this clause, such payment shall be deemed practicable by the Trustee.Interest 17
Appears in 3 contracts
Samples: Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/), Indenture (Tele Communications Inc /Co/)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest Interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date shall be paid to the persons who are holders Holders of Debt Securities of such series at the close of business on the record date specified for that purpose as contemplated by Section 2.2. At the option of the Company, payment of interest on any series of Debt Securities may be made by check mailed to the holder’s 's registered address. If the Company defaults in a payment of interest on the Debt Securities of any series, it shall pay the defaulted interest to the persons who are holders Holders of Debt Securities of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder Holder of Debt Securities of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series an amount of money in immediately available funds by 10:00 a.m. New York City time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trustee.
Appears in 2 contracts
Samples: Indenture (Omnova Solutions Inc), Indenture (Omnova Solutions Inc)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date shall be paid to the persons who are holders of Debt Securities of such series at the close of business on the record date specified for that purpose as contemplated by Section 2.2. At the option of the Company, payment of interest on any series of Debt Securities may be made by check mailed to the holder’s 's registered address. If the Company defaults in a payment of interest on the Debt Securities of any series, it shall pay the defaulted interest to the persons who are holders of Debt Securities of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trustee.
Appears in 1 contract
Samples: Indenture (Viking Distillery Inc)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest Interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date shall be paid to the persons who are holders Holders of Debt Securities of such series at the close of business on the record date specified for that purpose as contemplated by Section 2.2. At the option of the Company, payment of interest on any series of Debt Securities may be made by check mailed to the holder’s Holder's registered address. If the Company defaults in a payment of interest on the Debt Securities of any series, it shall pay the defaulted interest to the persons who are holders Holders of Debt Securities of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days ten days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company (or, upon the written request of the Company, the Trustee in the name and at the expense of the Company) shall mail to each holder Holder of Debt Securities of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent Paying Agent for such series an amount of money in immediately available funds by 10:00 a.m. a.m., New York time City time, on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trustee.
Appears in 1 contract
Samples: Indenture (Park Ohio Holdings Corp)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest Interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date Interest Payment Date shall be paid to the persons who are holders of Debt Securities Holders of such series at the close of business on the record date specified Regular Record Date for that purpose as contemplated by Section 2.2such interest payment. At the option of the Company, payment of interest on any series of Debt Securities Security may be made by check mailed to the holder’s Holder's registered address. If the Company defaults in a payment of interest on the Debt Securities of any seriesseries on any Interest Payment Date, it shall pay the defaulted interest to the persons who are holders of Debt Securities Securityholders of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities Securityholder of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series Paying Agent an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any the Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent manner. Unless otherwise provided with respect to the requirements Securities of any securities exchange series as contemplated by Section 2.02, in the case of any Security of any series which is converted after any Regular Record Date and on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company or prior to the Trustee of the proposed payment pursuant next succeeding Interest Payment Date (other than any Security which is due and payable prior to this clause, such payment shall be deemed practicable by the Trustee.Interest 16
Appears in 1 contract
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4(a) The Securities of each series shall bear interest, if any, from the date, and such interest (except defaulted interest) shall be payable on the Debt Securities dates, established as contemplated by Section 2.3. The person in whose name any Security of any series which is payable on any interest payment date shall be paid to the persons who are holders of Debt Securities of such series registered at the close of business on any Record Date applicable to a particular series with respect to any interest payment date for such series shall be entitled to receive the record interest, if any, payable on such interest payment date notwithstanding any transfer or exchange of such Security subsequent to the Record Date and prior to such interest payment date, except if and to the extent the Company shall default in the payment of the interest due on such interest payment date for such series, in which case the provisions of Section 2.13(b) shall apply. The term Record Date as used with respect to any interest payment date (except a date for payment of defaulted interest) for the Securities of any series shall mean the date specified for that purpose as such in the terms of the Securities of such series established as contemplated by Section 2.2. At 2.3, or, if no such date is so established, the option of the Company15th day next preceding such interest payment date, payment of interest on any series of Debt Securities may be made by check mailed to the holder’s registered address. whether or not such Record Date is a Business Day.
(b) If the Company defaults in a payment of interest on the Debt Securities of any seriesSecurities, it shall pay pay, or shall deposit with the Paying Agent money in immediately available funds sufficient to pay, the defaulted interest plus (to the persons extent lawful) any interest payable on the defaulted interest (as may be specified in the terms thereof, established pursuant to Section 2.3) to the Persons who are holders of Debt Securities of such series at the close of business Holders on a subsequent special record date. The Company shall fix the record date (, which shall be not less than five Business Days prior to mean the 15th day next preceding the date of fixed by the Company for the payment of such defaulted interest) and payment date, whether or not such day is a Business Day. At least 15 days before the such special record date, the Company shall mail to each holder of Debt Securities of such series Holder and to the Trustee a notice that states the special record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trustee.
Appears in 1 contract
Samples: Indenture (Novartis Capital CORP)
Payment of Interest; Defaulted Interest. Except Unless otherwise provided with respect to the Securities of any series as provided in contemplated by Section 13.42.02, interest (except defaulted interest) on the Debt Securities any Security of any series which is payable on any interest payment date Interest Payment Date shall be paid to the persons who are holders of Debt Securities of such series Holder in whose name that Security (or one or more Predecessor Securities) is registered on the security register at the close of business on the record date specified Regular Record Date for that purpose as contemplated by Section 2.2such interest payment. At the option of the Company, payment of interest on any series of Debt Securities Security may be made (i) by check mailed to the holder’s registered addressaddress of the Person entitled thereto as such address appears in the security register, or (ii) if so specified with respect to the Securities of such series as contemplated by Section 2.02, by wire transfer to any account designated by such Person so long as the Paying Agent is notified in writing at least five Business Days prior to such Interest Payment Date. If the Company defaults in a payment of interest on the Debt Securities of any seriesseries on any Interest Payment Date, it shall pay the defaulted interest to the persons Persons who are holders of Debt Securities Securi- tyholders of such series at the close of business on a subsequent special record date. The Company shall fix the special record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities Securityholder of such series a notice that states the special record date, the payment date and the amount of defaulted interest proposed to be paid. The Company shall notify the Trustee in writing of the amount of the defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series Paying Agent an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any the Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Debt Security may be listed, and upon notice as may be required by such exchange if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such payment shall be deemed practicable by the Trusteemanner.
Appears in 1 contract
Samples: Indenture (Xl Capital LTD)
Payment of Interest; Defaulted Interest. Except as provided in Section 13.4, interest Interest (except defaulted interest) on the Debt Securities of any series which is payable on any interest payment date Interest Payment Date shall be paid to the persons who are holders of Debt Securities Holders of such series at the close of business on the record date specified Regular Record Date for that purpose as contemplated by Section 2.2such interest payment. At the option of the Company, payment of interest on any series of Debt Securities Security may be made by check mailed to the holder’s Holder's registered address. If the Company defaults in a payment of interest on the Debt Securities of any seriesseries on any Interest Payment Date, it shall pay the defaulted interest to the persons who are holders of Debt Securities Securityholders of such series at the close of business on a subsequent special record date. The Company shall fix the record date (which shall be not less than five Business Days prior to the date of payment of such defaulted interest) and payment date. At least 15 days before the record date, the Company shall mail to each holder of Debt Securities Securityholder of such series a notice that states the record date, the payment date and the amount of defaulted interest to be paid. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Debt Security of such series and the date of the proposed payment, and at the same time the Company shall deposit with the Trustee or any paying agent for such series Paying Agent an amount of money in immediately available funds by 10:00 a.m. New York time on the payment date equal to the aggregate amount proposed to be paid in respect of such defaulted interest or shall make arrangements satisfactory to any the Paying Agent for such series for such deposit prior to the date of the proposed payment. The Company may pay defaulted interest in any other lawful manner not inconsistent manner. Unless otherwise provided with respect to the requirements Securities of any securities exchange series as contemplated by Section 2.02, in the case of any Security of any series which is converted after any Regular Record Date and on or prior to the next succeeding Interest Payment Date (other than any Security which the Debt Security may is due and payable prior to such Interest Payment Date), interest which is due and payable on such Interest Payment Date shall be listedpayable on such Interest Payment Date notwithstanding such conversion, and upon notice as may such interest shall be required by such exchange if, after notice given by the Company paid to the Trustee Holder in whose name that Security is registered at the close of the proposed payment pursuant to this clause, business on such payment shall be deemed practicable by the Trustee.Regular Record Date. 16
Appears in 1 contract