Common use of Payment of Liquidated Damages Clause in Contracts

Payment of Liquidated Damages. If Liquidated Damages are payable by the Company pursuant to the Registration Rights Agreement, the Company shall deliver to the Trustee a certificate to that effect stating (i) the amount of such Liquidated Damages that are payable, (ii) the reason why such Liquidated Damages are payable and (iii) the date on which such Liquidated Damages are payable. Unless and until a Trust Officer of the Trustee receives such a certificate, the Trustee may assume without inquiry that no such Liquidated Damages is payable. If the Company has paid Liquidated Damages directly to the Persons entitled to such Liquidated Damages, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.

Appears in 4 contracts

Samples: Indenture (Bell Microproducts Inc), Dicks Sporting Goods Inc, Invision Technologies Inc

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Payment of Liquidated Damages. If Liquidated Damages are payable by the Company pursuant to the Registration Rights Agreement, the Company shall deliver to the Trustee a certificate an Officers' Certificate to that effect stating (i) the amount of such Liquidated Damages that are payable, (ii) the reason why such Liquidated Damages are payable and (iii) the date on which such Liquidated Damages are payable. Unless and until a Trust Officer of the Trustee receives such a certificate, the Trustee may assume without inquiry that no such Liquidated Damages is are payable. If the Company has paid Liquidated Damages directly to the Persons entitled to such Liquidated Damages, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.

Appears in 3 contracts

Samples: Indenture (Thoratec Corp), Indenture (Pinnacle Airlines Corp), Open Solutions Inc

Payment of Liquidated Damages. If Liquidated Damages are payable by the Company pursuant to the Registration Rights Agreement, the Company shall deliver to the Trustee a certificate to that effect stating (i) the amount of such Liquidated Damages that are payable, (ii) the reason why such Liquidated Damages are is payable and (iiiii) the date on which such Liquidated Damages are payable. Unless and until a Trust Officer of the Trustee actually receives such a certificate, the Trustee may assume without inquiry that no such Liquidated Damages is are payable. If the Company has paid Liquidated Damages directly to the Persons entitled to such Liquidated Damagesit, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.

Appears in 1 contract

Samples: Indenture (St Mary Land & Exploration Co)

Payment of Liquidated Damages. If Liquidated Damages are payable by the Company pursuant to the Registration Rights Agreement, the Company shall deliver to the Trustee a certificate to that effect stating (i) the amount of such Liquidated Damages that are payable, (ii) the reason why such Liquidated Damages are payable and (iii) the date on which such Liquidated Damages are payable. Unless and until a Trust Officer of the Trustee receives such a certificate, the Trustee may assume without inquiry that no such Liquidated Damages is are payable. If the Company has paid Liquidated Damages directly to the Persons entitled to such Liquidated Damages, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.

Appears in 1 contract

Samples: Emulex Corp /De/

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Payment of Liquidated Damages. If Liquidated Damages are payable by due to the Company occurrence of a Registration Default as described in the Registration Rights Agreement or pursuant to the Registration Rights Agreementfinal paragraph of Section 6.01 hereof, the Company shall deliver to the Trustee a certificate to that effect stating (i1) the amount of such Liquidated Damages that are payable, (ii) the reason why such Liquidated Damages are payable and (iii2) the date on which such Liquidated Damages are payable. Unless and until a Trust Responsible Officer of the Trustee receives at the Corporate Trust Office of the Trustee such a certificate, the Trustee may assume without inquiry that no such Liquidated Damages is are payable. If the Company has paid Liquidated Damages directly to the Persons person entitled to such Liquidated Damagesit, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.

Appears in 1 contract

Samples: Indenture (Penn National Gaming Inc)

Payment of Liquidated Damages. If Liquidated Damages are payable by the Company pursuant to the Registration Rights Agreement, the Company shall deliver to the Trustee a certificate to that effect stating (i) the amount of such Liquidated Damages that are payable, (ii) the reason why such Liquidated Damages are is payable and (iiiii) the date on which such Liquidated Damages are payable. Unless and until a Trust Officer of the Trustee receives such a certificate, the Trustee may assume without inquiry that no such Liquidated Damages is are payable. If the Company has paid Liquidated Damages directly to the Persons entitled to such Liquidated Damagesit, the Company shall deliver to the Trustee a certificate setting forth the particulars of such payment.

Appears in 1 contract

Samples: Bisys Group Inc

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