Common use of Payment of Notes on Default; Suit Therefor Clause in Contracts

Payment of Notes on Default; Suit Therefor. (a) The Company covenants that (1) in case default shall be made in the payment of any installment of interest upon any of the Notes as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (2) in case default shall be made in the payment of the principal of or premium, if any, on any of the Notes as and when the same shall have become due and payable, whether at maturity of the Notes or in connection with any redemption or repurchase hereunder, by declaration or otherwise, then the Company will pay to the Holders the whole amount that then shall have become due and payable on the Notes for principal and premium, if any, or interest, or both, as the case may be, with interest upon the overdue principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest at the rate then borne by the Notes and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection.

Appears in 2 contracts

Samples: Altiva Financial Corp, Altiva Financial Corp

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Payment of Notes on Default; Suit Therefor. (a) The Company covenants that (1) in In case default shall be made in the payment of (i) any installment of interest upon any of the Notes as and when the same shall become due and payable, and such default shall have continued for a period of 30 days, or (2ii) in case default shall be made in the payment of the principal of or premium, if any, on any of the Notes as and when the same shall have become due and payable, payable whether at maturity Stated Maturity of the Notes or in connection with any redemption or repurchase hereunderNotes, by declaration as authorized by this Indenture or otherwise, then then, upon demand of the Trustee, the Company will pay to the Holders Trustee, for the benefit of the holders of the Notes, the whole amount that then shall have become due and payable on the all such Notes for principal and principal, premium, if any, or interest, or bothany combination thereof, as the case may be, with interest upon the overdue principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest interest, at the rate then borne by the Notes Notes; and, in addition theretoaddition, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agent, attorneys and counsel.

Appears in 2 contracts

Samples: Indenture (Synovus Financial Corp), Synovus Financial Corp

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Payment of Notes on Default; Suit Therefor. (a) The Company covenants that (1) in case default shall be made in the payment of any installment of interest upon on any of the Notes as and when the same shall become due and payable, payable and such default shall have continued for a period of 30 days, or (2) in case default shall be made in the payment of the principal of or and premium, if any, on any of the Notes as and when the same shall have become due and payable, whether at upon maturity of the Notes or in connection with any upon redemption or repurchase hereunder, purchase by the Company pursuant to Article 6 or upon declaration or otherwise, then then, upon demand of the Trustee, the Company will pay to the Holders Trustee for the benefit of the holders of the Notes the whole amount that then shall have become due and payable payable, on the all such Notes for principal of and premium, if any, or interest, or bothany or all of them, as the case may be, with interest upon the overdue principal and premium, if any, and installments of interest (to the extent that payment of such interest is enforceable under applicable permitted by law) upon the overdue installments of interest at the rate then of interest borne by the Notes Notes; and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection., including a reasonable compensation to

Appears in 1 contract

Samples: Sholodge Inc

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