Common use of Payment of Notes Clause in Contracts

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 8 contracts

Samples: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)

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Payment of Notes. (a) The Company agrees shall pay or cause to pay be paid the principal of and or premium, if any, Additional Interest, if any, or interest on the Notes on the dates dates, at the location and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or Principal, premium, if any, interest on any Notesand Additional Interest, or any redemption or purchase price of the Notesif any, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will shall be considered paid on the date due if the Trustee (or Paying Agent, if other than the Company or any Affiliate a Subsidiary thereof, holds as of the Company) holds by 11:00 a.m. (New York City time) Eastern Time on that the due date money deposited by the Company in immediately available funds and designated for and sufficient to pay the installment. If the Company all principal of or any Affiliate of the Company acts as Paying Agentpremium, an installment of principal if any, Additional Interest, if any, or interest will be considered paid on the due date only if paid to the Holders. (c) Notes then due. The Company agrees to shall pay all Additional Interest, if any, in the same manner on the dates and in the amounts set forth in the Registration Rights Agreement at the location specified in the Notes. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principalprincipal and premium, andif any, from time to time on demand at the then applicable interest rate on the Notes; it shall pay interest (including post-petition interest in certain circumstances any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace period) from time to time on demand at the same rate to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the The Company will shall make all interest, premium, if any, Additional Interest, if any, and principal payments by wire transfer of immediately available funds to any Holder who shall have given written directions to the accounts specified Company or the Paying Agent to make such payments by wire transfer pursuant to the wire transfer instructions supplied to the Company or the Paying Agent by such Holder on or prior to the applicable record date. All other payments on Notes will be made at the office or agency of the Paying Agent and Registrar within the City and State of New York unless the Company elects to make interest payments by check mailed to the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressat their address set forth in the register of Holders.

Appears in 6 contracts

Samples: Indenture (Sba Communications Corp), Indenture (Cinemark Holdings, Inc.), Indenture (Sba Communications Corp)

Payment of Notes. (a) The Company agrees to shall pay the principal of and interest (including Defaulted Interest) on the Notes in U.S. Legal Tender on the dates and in the manner provided in the Notes and in this Indenture. Not later than 11:00 Prior to 10:00 a.m. (New York City time) time on each Interest Payment Date and the due date of any principal of or interest on any Notes, or any redemption or purchase price of the NotesMaturity Date, the Company will shall deposit with the Trustee (or Paying Agent) money Agent in immediately available funds U.S. Legal Tender sufficient to pay make cash payments due on such amountsInterest Payment Date or Maturity Date, provided that if as the Company case may be. If the Company, a Note Guarantor or any an Affiliate of the Company or a Note Guarantor is acting as Paying Agent, it willthe Company, such Note Guarantor or such Affiliate shall, prior to 10:00 a.m. New York City time on or before each due dateInterest Payment Date and the Maturity Date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money U.S. Legal Tender sufficient to pay make cash payments due on such amounts until paid to such Holders Interest Payment Date or otherwise disposed of Maturity Date, as provided in this Indenturethe case may be. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or Principal and interest will shall be considered paid on the date due if on such date the Trustee or the Paying Agent (or Paying Agent, other than the Company Company, a Note Guarantor or any an Affiliate of the CompanyCompany or a Note Guarantor) holds by 11:00 a.m. (New York City time) on that date money in accordance with this Indenture U.S. Legal Tender designated for and sufficient to pay all principal and interest then due and the installment. If Trustee or the Company or any Affiliate of the Company acts as Paying Agent, an installment as the case may be, is not prohibited from paying such money to the Holders on that date pursuant to the terms of this Indenture. (b) Notwithstanding anything to the contrary contained in this Indenture, the Company may, to the extent it is required to do so by law, deduct or withhold income or other similar taxes imposed by the United States of America from principal or interest will be considered paid on the due date only if paid to the Holderspayments hereunder. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 6 contracts

Samples: Indenture (Alliance One International, Inc.), Indenture (Alliance One International, Inc.), Indenture (Alliance One International, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest (including any Additional Interest) on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (12:00 p.m. New York City time) , on the due date of any principal of or interest (including any Additional Interest) on any Notes, or any redemption Repurchase Date or purchase price of Redemption Date, as the Notescase may be, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, the amounts then due; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest (including any Additional Interest) will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest (including any Additional Interest) will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available same-day funds to the Depositary for the purpose of permitting such party to credit the payments received by it in respect of such Global Note to the accounts specified by the Holders of the Global Notesbeneficial owners thereof. With respect to Certificated Notes, the Company will make all payments in same-day funds by transfer to an account maintained by the payee located inside the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such payee not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specified, instructions have been received by mailing check drawn on a check bank in the United States mailed to each Holderthe payee at its address set forth on the Registrar’s registered addressbooks.

Appears in 6 contracts

Samples: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to DTC for transfer to the accounts specified by the Holders of the Global Notesits participants. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specifiedspecified to the Trustee or the Paying Agent at least 15 calendar days prior to the applicable payment date, by mailing a check to each Holder’s registered address.

Appears in 5 contracts

Samples: Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.), Indenture (Huntington Ingalls Industries, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of of, premium, if any, and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire electronic funds transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire electronic funds transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 5 contracts

Samples: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof at least ten Business Days prior to the date of such payment or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 5 contracts

Samples: Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC), Indenture (SB/RH Holdings, LLC)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphSection 4.01(a). (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 4 contracts

Samples: Indenture (Enova International, Inc.), Indenture (Enova International, Inc.), Indenture (Enova International, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest interest, and Additional Amounts, if any, on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on one Business Day prior to the Interest Payment Date, the due date of any principal of or interest on any Notes, the Tax Redemption Date pursuant to Section 3.01, the redemption date pursuant to Section 3.02, the Offer to Purchase Payment Date or any redemption or purchase price of the NotesEntire Sale Transaction Redemption Date (each a “Payment Date”), the Company will deposit with agrees to pay or cause to be paid to the account of the Trustee at the Corporate Trust Office (or principal Paying Agent) money ), in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts, in immediately available funds funds, an amount which shall be sufficient to pay the aggregate amount of interest (other than any PIK Interest, the payment of which shall be satisfied as provided for in the Notes and this Indenture) or principal or both, as the case may be, becoming due in respect of the Notes on such amounts, Payment Date; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in the Indenture. For purposes of this Indenture, PIK Interest shall be considered paid on the date due if the Trustee is directed by an Authentication Certificate received by it on or prior to such date to issue PIK Notes or to increase the principal amount of the applicable Global Notes in an amount equal to the amount of the PIK Interest, as evidence of the obligation to pay PIK Interest. In each case the Company will promptly notify the Trustee and the Paying Agent of its compliance with this paragraph. The Company shall procure that, before 9:00 A.M. (New York City time) on the third Business Day before each Payment Date, the bank effecting payment for it confirms by tested telex or authenticated SWIFT message to the principal Paying Agent the payment instructions relating to such payment. No Paying Agent shall be bound to make any payment until it is satisfied that the principal Paying Agent has received the full amount due to be paid to it pursuant to this Section 4.01. (b) An installment of principal or interest (other than any PIK Interest, the payment of which shall be satisfied as provided for in the Notes and this Indenture) will be considered paid on the date due if the Trustee (or the principal Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Trustee (or the Paying Agent, which will include the Company agrees to pay interest on overdue principal, and, in certain circumstances and to or any Affiliate of the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (dCompany if it is acting as Paying Agent) Payments will make payments in respect of the Notes (other than any PIK Interest, the payment of which shall be satisfied as provided for in the Notes and this Indenture) represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Trustee (or Paying Agent) will make all payments (other than any PIK Interest, the payment of which shall be satisfied as provided for in the Notes and this Indenture) by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will make such payment to the Holders as specified above. (d) At least three Business Days prior to the first Payment Date and, if there has been any change with respect to the matters set forth in the below mentioned certificate, at least three Business Days prior to each Payment Date thereafter, the Company shall furnish the Trustee with an Officer’s Certificate instructing the Trustee as to any circumstances in which payments of principal of, or interest on, the Notes due on such date shall be subject to deduction or withholding for, or on account of, any Taxes described in Section 4.20 and the rate of any such deduction or withholding. If any such deduction or withholding shall be required and if the Company therefore becomes liable to pay Additional Amounts, if any, pursuant to Section 4.20 then at least three Business Days prior to each Payment Date, the Company will furnish the Trustee with a certificate which specifies the amount required to be withheld on such payment to Holders of the Notes, and the Additional Amounts, if any, due to the Holders of the Notes, and at least one Business Day prior to such Payment Date, will pay to the Trustee such Additional Amounts, if any, as shall be required to be paid to such Holders. (e) Whenever the Company shall appoint a Paying Agent other than the Trustee for the purpose of paying amounts due in respect of the Notes, it will cause such Paying Agent to execute and deliver to the Trustee an instrument substantially in the form of Exhibit D hereto in which such agent shall agree with the Company, among other things, to be bound by and observe the provisions of this Indenture (including the Notes). The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, (i) that it will hold all sums received by it as such Paying Agent for the payment of the principal of, or interest on, the Notes (whether such sums have been paid to it by or on behalf of the Company or by any other obligor on the Notes or the Subsidiary Guarantee) in trust for the benefit of the holders of the Notes or of the Trustee; (ii) that it will give the Trustee written notice of any failure by the Company (or by any other obligor on the Notes or the Subsidiary Guarantee) to make any payment of the principal, or interest on, the Notes and any other payments to be made by or on behalf of the Company under this Indenture, when the same shall be due and payable; and (iii) that it will pay any such sums so held in trust by it to the Trustee upon the Trustee’s written request at any time during the continuance of a failure referred to in clause (ii) above. Anything in this Section 4.01 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a satisfaction and discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or any Paying Agent hereunder, as required by this Section 4.01 and such sums shall be held by the Trustee upon the trusts herein contained. If the Paying Agent shall pay all sums held in trust to the Trustee as required under this Section 4.01, the Paying Agent shall have no further liability for the money so paid over to the Trustee. Anything in this Section 4.01 to the contrary notwithstanding, the agreements to hold sums in trust as provided in this Section 4.01 are subject to the provisions of Section 8.04.

Appears in 4 contracts

Samples: Indenture, Indenture, Indenture (Emerald Plantation Holdings LTD)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 10:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the NotesNotes plus 2%. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 4 contracts

Samples: Indenture (Symantec Corp), Indenture (Symantec Corp), Indenture (Sun Microsystems, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 4 contracts

Samples: Indenture (PDC Energy, Inc.), Indenture (PDC Energy, Inc.), Indenture (SYNERGY RESOURCES Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 12:00 P.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, ; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphSection 4.01(a). (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 3 contracts

Samples: Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)

Payment of Notes. (a) The Unless otherwise specified in the applicable Company agrees to pay Order, the principal of and interest any premium and Accrued Interest on all Notes shall be payable in such coin or currency of the Notes on United States of America as at the dates time of payment is legal tender for payment of public and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. private debts as follows: (a) On or before 10:00 a.m., New York City time) , of the day on the which any payment of principal, Accrued Interest or premium is due date of any principal of or interest on any Notes, or any redemption or purchase price of Global Note pursuant to the Notesterms thereof, the Company will deposit with shall deliver to the Trustee (or Paying Agent) money in immediately available funds sufficient to pay make such amountspayment. On or before 10:30 a.m., provided that if New York City time or such other time as shall be agreed upon between the Company or any Affiliate Trustee and the Depositary, of the Company day on which such payment is acting as Paying Agentdue, it will, on or before each due date, segregate and hold in the Trustee shall deposit with the Depositary such funds by wire transfer into the account specified by the Depositary. As a separate trust fund for condition to the benefit payment at the Maturity of any part of the Holders principal and any applicable premium of any Global Note, the Depositary shall surrender, or cause to be surrendered, such Global Note to the Trustee, whereupon a sum of money sufficient new Global Note shall be issued to pay such amounts until paid the Depositary pursuant to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphSection 3.03(d). (b) An installment With respect to any Note that is not a Global Note, principal, any premium and Accrued Interest due at the Maturity of principal or interest will such Note shall be considered paid on payable in immediately available funds when due upon presentation and surrender of such Note at the date due if Corporate Trust Office of the Trustee; PROVIDED that this Note is presented to the Trustee in time for the Trustee to make such payment in such funds in accordance with its normal procedures. Accrued Interest on (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and the case of Amortizing Notes, installments of principal of) any Note that is not a Global Note (other than Accrued Interest or such installments payable at Maturity) shall be paid by a clearinghouse funds check mailed on the Interest Payment Date; PROVIDED, HOWEVER, that if any Holder of Notes, the aggregate principal amount of which equals or exceeds $10,000,000, provides a written request to the extent lawfulTrustee on or before the applicable Record Date for such Interest Payment Date, overdue Accrued Interest (and such installments of interest at the rate per annum specified in the Notes. (dprincipal) Payments in respect of the Notes represented by the Global Notes are to shall be made paid by wire transfer of immediately available funds to a bank within the accounts specified continental United States or by direct deposit into the Holders account of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, such Holder if no such account is specified, by mailing a check to each Holder’s registered addressmaintained with the Trustee.

Appears in 3 contracts

Samples: Indenture (Madison Gas & Electric Co), Indenture (Midamerican Energy Financing Ii), Indenture (Midamerican Energy Financing Ii)

Payment of Notes. (a) The Company agrees to pay the principal of of, premium, if any, and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire electronic funds transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company through the Paying Agent will make all payments by wire electronic funds transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 3 contracts

Samples: Indenture (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)

Payment of Notes. (a) The Company agrees to pay the principal of of, premium, if any, and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressaddress by first-class mail.

Appears in 3 contracts

Samples: Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler LTD), Indenture (Foster Wheeler Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each the case the Company acts as Paying Agent, the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.

Appears in 3 contracts

Samples: Indenture (Roadway Corp), Indenture (State Auto Financial Corp), Indenture (Yellow Roadway Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the NotesNotes plus 2%. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Power One Inc), Indenture (Evercore Partners Inc.), Indenture (Power One Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will shall deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it willshall, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will shall promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will shall be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will shall be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will shall make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 3 contracts

Samples: Indenture (Kodiak Oil & Gas Corp), Indenture (Kodiak Oil & Gas Corp), Indenture (Kodiak Oil & Gas Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Flextronics International Ltd.), Indenture (Flextronics International Ltd.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will will, through its Paying Agent, make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture, Indenture (Rex Energy Corp)

Payment of Notes. (a) The Company agrees to pay Payment of the principal of and interest and premium on the all Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. shall be payable as follows: (a) On or before 9:30 a.m., New York City time) , or such other time as shall be agreed upon between the Trustee and the Company, of the day on the which payment of principal, interest and premium is due date of any principal of or interest on any Notes, or any redemption or purchase price of Global Note pursuant to the Notesterms thereof, the Company will shall deliver to the Trustee funds available on such date sufficient to make such payment, by wire transfer of immediately available funds or by instructing the Trustee to withdraw sufficient funds from an account maintained by the Company with the Trustee or such other method as is acceptable to the Trustee. On or before 12:00 noon, New York City time, or such other time as shall be agreed upon between the Trustee and the Depositary, of the day on which any payment of interest is due on any Global Note (other than at Maturity), the Trustee shall pay to the Depositary such interest in same day funds. On or before 1:00 p.m., New York City time or such other time as shall be agreed upon between the Trustee and the Depositary, of the day on which principal, interest payable at Maturity and premium, if any, is due on any Global Note, the Trustee shall deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient Depositary the amount equal to pay such amountsthe principal, provided that interest payable at Maturity and premium, if any, by wire transfer into the Company or account specified by the Depositary. As a condition to the payment, at Maturity, of any Affiliate part of the Company is acting as Paying Agentprincipal of, it willinterest on and applicable premium of any Global Note, on the Depositary shall surrender, or before each due datecause to be surrendered, segregate and hold in such Global Note to the Trustee, whereupon a separate trust fund for new Global Note shall be issued to the benefit of the Holders a sum of money sufficient Depositary pursuant to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphSection 2.06(f) hereof. (b) An installment With respect to any Note that is not a Global Note, principal, applicable premium and interest due at the Maturity of principal the Note shall be payable in immediately available funds when due upon presentation and surrender of such Note at the corporate trust office of the Trustee or at the authorized office of any paying agent in the Borough of Manhattan, The City and State of New York. Interest on any Note that is not a Global Note (other than interest will payable at Maturity) shall be considered paid by check payable in clearinghouse funds mailed to the Holder thereof at such Holder's address as it appears on the date due register; PROVIDED that if the Trustee (receives a written request from any Holder of Notes, the aggregate principal amount of which having the same Interest Payment Date equals or Paying Agentexceeds $10,000,000, other than on or before the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated applicable Regular Record Date for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agentsuch Interest Payment Date, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to such Note shall be made paid by wire transfer of immediately available funds to a bank within the accounts specified continental United States designated by such Holder in its request or by direct deposit into the Holders account of the Global Notes. With respect to Certificated Notes, the Company will make all payments such Holder designated by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, such Holder in its request if no such account is specifiedmaintained with the Trustee or any paying agent. (c) The Trustee shall receive the Senior Note First Mortgage Bonds from the Company as provided in this Indenture and shall hold the Senior Note First Mortgage Bonds, and any and all sums payable thereon or with respect thereto or realized therefrom, in trust for the benefit of the holders of the Notes, as herein provided. Subject to Article XIII hereof, all payments made by mailing or on behalf of the Company to the Trustee on a check series of Senior Note First Mortgage Bonds shall be deemed to each Holder’s registered addressbe a payment by the Company pursuant to this Section 2.12 and shall be applied by the Trustee to pay, when due, principal of, premium, if any, and/or interest on the Related Series of Notes and, to the extent so applied, shall satisfy the Company's obligations on such Notes. The Company shall cause payment to be made to the Trustee of principal of, premium, if any, and (if applicable) interest on a series of Senior Note First Mortgage Bonds in a manner and at a time that will enable the Trustee to make payments when due, of the principal of, premium, if any, and interest on the Related Series of Notes.

Appears in 2 contracts

Samples: Indenture (Union Electric Co), Indenture (Union Electric Co)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (12:00 p.m. New York City time) , on the due date of any principal of or interest on any Notes, or any redemption or purchase price of Repurchase Date, as the Notescase may be, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, the amounts then due; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available same-day funds to the Depositary for the purpose of permitting such party to credit the payments received by it in respect of such Global Note to the accounts specified by the Holders of the Global Notesbeneficial owners thereof. With respect to Certificated Notes, the Company will make all payments in same-day funds by transfer to an account maintained by the payee located inside the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such payee not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specified, instructions have been received by mailing check drawn on a check bank in the United States mailed to each Holderthe payee at its address set forth on the Registrar’s registered addressbooks.

Appears in 2 contracts

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

Payment of Notes. (a) The Company Issuer agrees to pay the principal of and interest and Liquidated Damages, if any, on the Notes on the dates and in the manner provided in the Notes and this the Indenture. The Issuer shall pay Liquidated Damages in the amounts set forth in the Registration Rights Agreement. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuer will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuer or any Affiliate of the Company Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company Issuer will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuer or any Affiliate of the CompanyIssuer) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuer or any Affiliate of the Company Issuer acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company Issuer agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest and Liquidated Damages at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuer will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.

Appears in 2 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest (including Additional Interest, if any) on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (12:00 p.m. New York City time) , on the due date of any principal of or interest (including Additional Interest, if any) on any the Notes, or any redemption Fundamental Change Repurchase Date or purchase price of Redemption Date, as the Notescase may be, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay the amounts then due with respect to such amounts, Notes; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest (including Additional Interest, if any) will be considered paid on the date due if the Trustee (or Paying Agent, if other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest (including Additional Interest, if any) will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the a Global Notes Note are to be made by wire transfer of immediately available same-day funds to the Depositary for the purpose of permitting the Depositary to credit such payments to the accounts specified by the Holders of the beneficial owners of such Global NotesNote. With respect to Certificated Notes, the Company will make all payments in same-day funds by transfer to an account maintained by the payee located in the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such payee not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specifiedinstructions have been received, by mailing check drawn on a check bank in the United States mailed to each Holderthe payee at its address set forth in the Registrar’s registered addressbooks.

Appears in 2 contracts

Samples: Indenture (Callaway Golf Co), Indenture (Callaway Golf Co)

Payment of Notes. (a) The Company agrees to pay Payment of the principal of and interest and premium on the all Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. shall be payable as follows: (a) On or before 9:30 a.m., New York City time) , or such other time as shall be agreed upon between the Trustee and the Company, of the day on the which payment of principal, interest and premium is due date of any principal of or interest on any Notes, or any redemption or purchase price of Global Note pursuant to the Notesterms thereof, the Company will shall deliver to the Trustee funds available on such date sufficient to make such payment, by wire transfer of immediately available funds or by instructing the Trustee to withdraw sufficient funds from an account maintained by the Company with the Trustee or such other method as is acceptable to the Trustee. On or before 12:00 noon, New York City time, or such other time as shall be agreed upon between the Trustee and the Depositary, of the day on which any payment of interest is due on any Global Note (other than at Maturity), the Trustee shall pay to the Depositary such interest in same day funds. On or before 1:00 p.m., New York City time or such other time as shall be agreed upon between the Trustee and the Depositary, of the day on which principal, interest payable at Maturity and premium, if any, is due on any Global Note, the Trustee shall deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient Depositary the amount equal to pay such amountsthe principal, provided that interest payable at Maturity and premium, if any, by wire transfer into the Company or account specified by the Depositary. As a condition to the payment, at Maturity, of any Affiliate part of the Company is acting as Paying Agentprincipal of, it willinterest on, on and applicable premium of any Global Note, the Depositary shall surrender, or before each due datecause to be surrendered, segregate and hold in such Global Note to the Trustee, whereupon a separate trust fund for new Global Note shall be issued to the benefit of the Holders a sum of money sufficient Depositary pursuant to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphSection 2.06(f) hereof. (b) An installment With respect to any Note that is not a Global Note, principal, applicable premium and interest due at the Maturity of principal the Note shall be payable in immediately available funds when due upon presentation and surrender of such Note at the corporate trust office of the Trustee or at the authorized office of any paying agent in the Borough of Manhattan, The City and State of New York. Interest on any Note that is not a Global Note (other than interest will payable at Maturity) shall be considered paid by check payable in clearinghouse funds mailed to the Holder thereof at such Holder's address as it appears on the date due register; provided that if the Trustee (receives a written request from any Holder of Notes, the aggregate principal amount of which having the same Interest Payment Date equals or Paying Agentexceeds $10,000,000, other than on or before the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated applicable Regular Record Date for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agentsuch Interest Payment Date, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to such Note shall be made paid by wire transfer of immediately available funds to a bank within the accounts specified continental United States designated by such Holder in its request or by direct deposit into the Holders account of the Global Notes. With respect to Certificated Notes, the Company will make all payments such Holder designated by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, such Holder in its request if no such account is specified, by mailing a check to each Holder’s registered addressmaintained with the Trustee or any paying agent.

Appears in 2 contracts

Samples: Indenture (Ameren Corp), Indenture (Ameren Corp)

Payment of Notes. (a) The Company agrees to pay Payment of the principal of and interest and premium on the all Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than shall be payable as follows: (a) On or before 11:00 a.m. (a.m., New York City time) , or such other time as shall be agreed upon between the Trustee and the Company, of the day on the which payment of principal, interest and premium is due date of any principal of or interest on any Notes, or any redemption or purchase price of Global Note pursuant to the Notesterms thereof, the Company will shall deliver to the Trustee funds available on such date sufficient to make such payment, by wire transfer of immediately available funds or by instructing the Trustee to withdraw sufficient funds from an account maintained by the Company with the Trustee or such other method as is acceptable to the Trustee. On or before 12:00 noon, New York City time, or such other time as shall be agreed upon between the Trustee and the Depositary, of the day on which any payment of interest is due on any Global Note (other than at Maturity), the Trustee shall pay to the Depositary such interest in same day funds. On or before 1:00 p.m., New York City time or such other time as shall be agreed upon between the Trustee and the Depositary, of the day on which principal, interest payable at Maturity and premium, if any, is due on any Global Note, the Trustee shall deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient Depositary the amount equal to pay such amountsthe principal, provided that interest payable at Maturity and premium, if any, by wire transfer into the Company or account specified by the Depositary. As a condition to the payment, at Maturity, of any Affiliate part of the Company is acting as Paying Agentprincipal of, it willinterest on, on and applicable premium of any Global Note, the Depositary shall surrender, or before each due datecause to be surrendered, segregate and hold in such Global Note to the Trustee, whereupon a separate trust fund for new Global Note shall be issued to the benefit of the Holders a sum of money sufficient Depositary pursuant to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphSection 2.06(f) hereof. (b) An installment With respect to any Note that is not a Global Note, principal, applicable premium and interest due at the Maturity of principal the Note shall be payable in immediately available funds when due upon presentation and surrender of such Note at the Corporate Trust Office of the Trustee or at the authorized office of any paying agent in the Borough of Manhattan, The City and State of New York. Interest on any Note that is not a Global Note (other than interest will payable at Maturity, unless, as provided for in a Company Order pursuant to Section 2.05 hereof, interest payable on an Interest Payment Date that falls on such date of Maturity is payable to Persons who were Holders as of the applicable Regular Record Date), shall be considered paid by check payable in clearinghouse funds mailed to the Holder thereof at such Holder’s address as it appears on the date due register; provided that if the Trustee (receives a written request from any Holder of Notes, the aggregate principal amount of which having the same Interest Payment Date equals or Paying Agentexceeds $10,000,000, other than on or before the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated applicable Regular Record Date for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agentsuch Interest Payment Date, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to such Note shall be made paid by wire transfer of immediately available funds to a bank within the accounts specified continental United States designated by such Holder in its request or by direct deposit into the Holders account of the Global Notes. With respect to Certificated Notes, the Company will make all payments such Holder designated by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, such Holder in its request if no such account is specified, by mailing a check to each Holder’s registered addressmaintained with the Trustee or any paying agent.

Appears in 2 contracts

Samples: Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphclause. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments If a Holder of Notes in an aggregate principal amount of at least US$1,000,000 has given wire transfer instructions to the Company, the Company will make all principal, premium, if any, and interest payments (including Additional Amounts) in respect of those Notes in accordance with those instructions. (e) All other payments in respect of the Notes represented by the Global Notes are to be made at the office or agency of the Paying Agent in New York City, unless the Company elects to make such payments by wire transfer of immediately available funds check mailed to the accounts specified by the registered Holders of the Global Notesat their registered addresses. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (GeoPark LTD), Indenture (GeoPark Holdings LTD)

Payment of Notes. (a) The Company agrees Issuer will pay or cause to pay be paid the principal of of, premium on, if any, interest and interest on Additional Amounts, if any, on, the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or Principal, premium, if any, interest on any Notesand Additional Amounts, or any redemption or purchase price of the Notesif any, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, if other than the Company Issuer or any Affiliate a Subsidiary of the Company) Issuer, holds by 11:00 as of 10:00 a.m. (New York City time) London Time on that the due date money deposited by the Issuer in immediately available funds and designated for and sufficient to pay the installmentall principal, premium, if any, and interest and Additional Amounts, if any, then due. If the Company Issuer or any Affiliate of the Company its Subsidiaries acts as Paying Agent, an installment of principal or principal, premium, if any, interest will and Additional Amounts, if any, shall be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay entity acting as Paying Agent complies with Section 2.14. Principal, premium, if any, interest and Additional Amounts, if any, on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest Global Notes will be payable at the rate per annum specified in the Notes. (d) Payments in respect office or agency of the Principal Paying Agent maintained in London, for such purposes. All payments with respect to Notes represented by the one or more Global Notes are to registered in the name of or held by a nominee of the common depositary for Euroclear or Clearstream, as applicable, will be made by wire transfer of immediately available funds to the accounts account specified by the Holder or Holders thereof. Principal of, interest, premium and Additional Amounts, if any, on any Definitive Registered Notes will be payable at the specified office or agency of the Global Notesany Paying Agent in London maintained for such purposes pursuant to Section 2.03. With respect to Certificated NotesIn addition, the Company will make all payments interest on Definitive Registered Notes may be paid by wire bank transfer of immediately available funds to the accounts specified by Person entitled thereto as shown on the Holders thereof orregister for the Definitive Registered Note. The Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and interest at a rate that is 1% per annum higher than the then applicable interest rate on the Notes to the extent lawful. The Issuer will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Amounts, if no such account is specifiedany (without regard to any applicable grace period), by mailing a check at the same rate to each Holder’s registered addressthe extent lawful.

Appears in 2 contracts

Samples: Indenture (Allwyn Entertainment AG), Indenture (Allwyn Entertainment AG)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes and, if applicable, the Early Conversion Payment due in connection with an Early Conversion and, if applicable, the Company agrees to deliver the shares of Common Stock (and any cash in lieu of fractional shares) due in connection with an Early Conversion or a Mandatory Conversion, each on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Early Conversion Payment, if applicable, or cash in lieu of fractional shares in connection with any conversion, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest or Early Conversion Payment will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principalprincipal and Early Conversion Payment, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Sandridge Energy Inc), Indenture (Sandridge Energy Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date and prior to the time specified in Section 4.01(a) money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at 1.0% per annum higher than the rate per annum specified in borne by the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Aci Worldwide, Inc.), Indenture (Aci Worldwide, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of of, premium, if any, and interest on the Notes of each series on the dates and in the manner provided in the Notes of each series and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on any Notes, or any redemption or purchase price of the NotesNotes of any series, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire electronic funds transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company through the Paying Agent will make all payments by wire electronic funds transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (DPL Inc), Indenture (Aes Corp)

Payment of Notes. (a1) The Company agrees to shall pay the principal of and interest (including Defaulted Interest) on the Notes in U.S. Legal Tender on the dates and in the manner provided in the Notes and in this Indenture. Not later than Prior to 11:00 a.m. (New York City time) time on each Interest Payment Date and the due date of any principal of or interest on any Notes, or any redemption or purchase price of the NotesMaturity Date, the Company will shall deposit with the Trustee (or Paying Agent) money Agent in immediately available funds U.S. Legal Tender sufficient to pay make cash payments due on such amountsInterest Payment Date or Maturity Date, provided that if as the Company case may be. If the Company, a Subsidiary Guarantor or any an Affiliate of the Company or a Subsidiary Guarantor is acting as Paying Agent, it willthe Company, such Subsidiary Guarantor or such Affiliate shall, prior to 11:00 a.m. New York City time on or before each due dateInterest Payment Date and the Maturity Date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money U.S. Legal Tender sufficient to pay make cash payments due on such amounts until paid to such Holders Interest Payment Date or otherwise disposed of Maturity Date, as provided in this Indenturethe case may be. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or Principal and interest will shall be considered paid on the date due if on such date the Trustee or the Paying Agent (or Paying Agent, other than the Company Company, a Subsidiary Guarantor or any an Affiliate of the CompanyCompany or a Subsidiary Guarantor) holds by 11:00 a.m. (New York City time) on that date money in accordance with this Indenture U.S. Legal Tender designated for and sufficient to pay all principal and interest then due and the installment. If Trustee or the Company or any Affiliate of the Company acts as Paying Agent, an installment as the case may be, is not prohibited from paying such money to the Holders on that date pursuant to the terms of this Indenture. Notwithstanding the foregoing, the Company may elect to make the payments of interest by check mailed to the registered Holders at their registered addresses. (2) If a Holder of US$10.0 million or more in aggregate principal amount of Notes has given wire transfer instructions to the Company at least 10 Business Days prior to the Interest Payment Date or the Maturity Date, the Company shall make all principal, premium and interest payments on those Notes in accordance with such instructions. (b) Notwithstanding anything to the contrary contained in this Indenture, the Company may, to the extent it is required to do so by law, deduct or withhold income or other similar taxes imposed by the United States of America from principal or interest will be considered paid on the due date only if paid to the Holderspayments hereunder. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Homex Development Corp.), Indenture (Homex Development Corp.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amountsamounts to the extent being paid in cash, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances principal and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in cash in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments in cash by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co)

Payment of Notes. No later than 10:00 a.m. (aNew York time) The Company agrees on the Business Day prior to a payment date, the Issuer shall pay or cause to be paid the principal of of, interest, premium and interest Additional Amounts, if any, on the Notes on the dates and in the manner provided in the Notes Notes. Principal, interest, premium and this Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or interest on any NotesAdditional Amounts, or any redemption or purchase price of the Notesif any, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will shall be considered paid on the date due if the Trustee (or Issuer holds, in an account with the Paying Agent, if other than the Company Issuer or any Affiliate of the Company) holds a Subsidiary thereof, by 11:00 10:00 a.m. (New York City time) on that date the Business Day prior to the due date, money deposited by the Issuer in immediately available funds and designated for and sufficient to pay all principal, interest, premium and Additional Amounts, if any, then due. Principal of, interest, premium and Additional Amounts, if any, on Global Notes will be payable at the installment. If the Company corporate trust office or any Affiliate agency of the Company acts Principal Paying Agent maintained in the City of London for such purposes, at the corporate trust office or agency of the Paying Agent maintained in the Borough of Manhattan, City of New York, for such purposes and, for as Paying Agent, an installment of principal or interest will be considered paid long as any Notes are admitted to trading on the due date only if paid to Euro MTF and listed on the Holders. (c) The Company agrees to pay interest on overdue principalOfficial List of the Luxembourg Stock Exchange, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect office of the Notes represented by Paying Agent appointed in Luxembourg. All payments on the Global Notes are to will be made by wire transfer of immediately available funds to an account of the accounts specified by the Holders Holder of the Global Notes in accordance with instructions given by that Holder. Principal of, interest, premium and Additional Amounts, if any, on any Definitive Registered Notes will be payable at the corporate trust office or agency of any Paying Agent in any location required to be maintained for such purposes pursuant to Section 2.03. In addition, interest on Definitive Registered Notes may be paid by check mailed to the person entitled thereto as shown on the Register for such Definitive Registered Notes. With respect The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to Certificated Notes, 1% per annum in excess of the Company will make all payments by wire transfer of immediately available funds then applicable interest rate on the Notes to the accounts specified by extent lawful. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the Holders thereof or, if no such account is specified, by mailing a check same rate to each Holder’s registered addressthe extent lawful.

Appears in 2 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at 2.0% per annum higher than the rate per annum specified in borne by the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

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

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Molson Coors Brewing Co), Indenture (Quicksilver Resources Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 10:00 a.m. (New York City time) , on the due date of any principal of or interest on any Notes, or any redemption or purchase price of Fundamental Change Purchase Date, as the Notescase may be, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, the amounts then due; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available same-day funds to the Depositary for the purpose of permitting such party to credit the payments received by it in respect of such Global Note to the accounts specified by the Holders of the Global Notesbeneficial owners thereof. With respect to Certificated Notes, the Company will make all payments in same-day funds by transfer to an account maintained by the payee located inside the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such payee not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specified, instructions have been received by mailing check drawn on a check bank in the United States mailed to each Holderthe payee at its address set forth on the Registrar’s registered addressbooks.

Appears in 2 contracts

Samples: Indenture (Wright Medical Group Inc), Indenture (Wright Medical Group Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Neenah Foundry Co), Note (Neenah Foundry Co)

Payment of Notes. (a) The Company Issuer agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuer will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuer or any Affiliate of the Company Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company Issuer will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuer or any Affiliate of the CompanyIssuer) holds by at 11:00 a.m. A.M. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuer or any Affiliate of the Company Issuer acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company Issuer agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuer will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 2 contracts

Samples: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of of, premium, if any and interest on the Notes of each series on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of of, premium, if any or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each the case the Company acts as Paying Agent, the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the applicable series of Notes. (d) Payments in respect of the Notes of any series represented by the one or more Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the such Global Notes. With respect to Certificated NotesNotes of any series, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.

Appears in 1 contract

Samples: Indenture (Roadway Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (12:00 p.m. New York City time) , on the due date of any principal of or interest on any Notes, or any redemption or purchase price Change in Control Repurchase Price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, ; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available same-day funds to the Depositary, with respect to that portion of such Global Note held for its account by Cede & Co. for the purpose of permitting such party to credit the interest received by it in respect of such Global Note to the accounts specified by the Holders of the Global Notesbeneficial owners thereof. With respect to Certificated Notes, the Company will make all payments in same-day funds by transfer to an account maintained by the payee located inside the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such payee not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specified, instructions have been received by mailing check drawn on a check bank in the United States mailed to each Holder’s registered addressthe payee at its address set forth on the Registrar's books.

Appears in 1 contract

Samples: Indenture (Millennium Pharmaceuticals Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments If a Holder of Notes and 2012 Notes in respect an aggregate principal amount of the Notes represented by the Global Notes are to be made by $10.0 million or more has given adequate wire transfer of immediately available funds instructions to the accounts specified by Company and the Holders of the Global Notes. With respect to Certificated NotesTrustee in writing at least 10 days in advance, the Company will pay all principal, interest, Additional Amounts and premium, if any, on that Holder's Notes in accordance with those instructions. All other payments on the Notes will be made at the office or agency of the Paying Agent within the City and State of New York and of the Luxembourg Paying Agent within Luxembourg, as the case may be, unless the Company elects to make all interest payments by wire transfer of immediately available funds check mailed to the accounts specified by Noteholders at their address set forth in the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressRegister of Holders.

Appears in 1 contract

Samples: Indenture (Vitro Sa De Cv)

Payment of Notes. (a) The Company agrees will pay or cause to pay be paid the principal of of, premium (including the Applicable Premium), if any, and interest on on, the Notes on the dates and in the manner provided in the Notes this Indenture and this Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes. Principal, premium (including the Company will deposit with the Trustee (or Paying Agent) money Applicable Premium), and any amount payable in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest cash will be considered paid on the date due if the Trustee (or Paying Agent, if other than the Company or any Affiliate a Subsidiary thereof, holds, as of 10:00 a.m. Eastern Time on the Company) holds due date, money deposited by 11:00 a.m. (New York City time) on that date money the Company in immediately available funds and designated for and sufficient to pay all principal, premium (including the installmentApplicable Premium), if any, and interest then due. If the Company or any Affiliate of the Company acts as Paying Agent, an An installment of principal or interest will PIK Interest shall be considered paid on the due date only if paid if, on or prior to such date, the Company has issued an Authentication Order to the Holders. Trustee to increase the principal amount of Notes then outstanding or to authenticate and deliver PIK Notes in the required amount. The Trustee shall endorse any such principal increase on any Global Note and shall instruct the Registrar to reflect the increase in the principal amount of all Notes then outstanding in the register of Notes. No later than five (c5) The Business Days prior to any Interest Payment Date on which the Company agrees is to pay interest on overdue principalPIK Interest, and, in certain circumstances the Company shall deliver to the Trustee and the Paying Agent (if other than the Trustee) (i) to the extent lawfulthe Company is prohibited from increasing the balance on any Note by the rules of the Depository (with respect to Global Notes) or law, overdue installments the required amount of interest at new PIK Notes (rounded up to the rate per annum specified nearest whole dollar) and an Authentication Order to authenticate and deliver such PIK Notes or (ii) an Authentication Order to increase the outstanding principal amount of all outstanding Notes by the required amount (rounded up to the nearest whole dollar), such increase to be reflected by the Registrar in the register of Notes. . Notwithstanding anything in this Indenture or Section 4.01 to the contrary, PIK Interest that is payable on any Interest Payment Date with respect to any Note (dwhether represented by a Global Note or a Certificated Note) Payments other than the Global Note having the largest principal balance then outstanding (the “Largest Global Note”) shall be increased or decreased by such amount, if any, as is necessary to ensure that the principal amount of Notes in respect of the Notes each Stapled Security represented by the Global Notes are Stapled Security or certificated Stapled Security to be made by wire transfer which such Note is attached, after giving effect to payment of immediately available funds such PIK Interest, is exactly equal to the accounts specified by principal amount of Notes included in each Stapled Security to which the Holders of the Largest Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account Note is specified, by mailing a check to each Holder’s registered addressattached.

Appears in 1 contract

Samples: Indenture (Vantage Drilling Netherlands B.V.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 12:00 noon (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders Holder of the Global Notes. With respect to Certificated Notes, the Company (or the Trustee or Paying Agent) will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (SunCoke Energy, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, andand , in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof at least 10 Business Days prior to the date of such payment or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Spectrum Brands, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the Business Day immediately preceding the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) Agent money in immediately available funds sufficient to pay such amounts, provided, however, to the extent any such funds are received by the Paying Agent after 11:00 A.M. (New York City time), on such Business Day, such funds will be deemed deposited within one (1) Business Date of receipt thereof; provided further that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphclause. (b) An installment of principal or interest will be considered paid on the date due if the Trustee Paying Agent (or Paying Agent, if other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments All payments in respect of the Notes represented by the Global Notes are to be made at the office or agency of the Paying Agent in New York City, unless the Company elects to make such payments by wire transfer of immediately available funds check mailed to the accounts specified by the registered Holders of the Global Notesat their registered addresses. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address. (e) No Agent shall be obligated to make any payment to Holders until such time as it has received funds and been able to identify or confirm receipt of such funds. (f) The Company acknowledges that Article 765 of the Argentine Civil and Commercial Code is not applicable with respect to any payments to be performed in connection with the Notes and forever and irrevocably waives any right that might assist it to allege that any payments in connection with the Notes could be payable in any currency other than in U.S. Dollars, and therefore waives and renounces to applicability thereof to any payments in connection with the Notes. Additionally, the Company hereby expressly, unconditionally and irrevocably waives the right to invoke any defense in relation to its obligations of paying any amounts due under the Notes, including, without limitation, defenses of impossibility, impracticability or frustration of purpose set forth in Section 1091 of the Argentine Civil and Commercial Code (if applicable), force majeure or act of God set forth in Sections 955, 1031, 1032 or 1730 of the Argentine Civil and Commercial Code (if applicable), impossibility to comply with the obligations set forth in Section 1732 of the Argentine Civil and Commercial Code (if applicable), or “onerosidad sobreviniente”, “lesión enorme” or “abuso del derecho” set forth in Section 10 of the Argentine Civil and Commercial Code (if applicable).

Appears in 1 contract

Samples: Indenture (Telecom Argentina Sa)

Payment of Notes. (a) The Company Issuer agrees to pay or cause to be paid the principal of of, premium, if any, and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuer will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuer or any Affiliate of the Company Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company Issuer will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal principal, premium, if any or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuer or any Affiliate of the CompanyIssuer) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuer or any Affiliate of the Company Issuer acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company Issuer agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the same rate per annum specified in borne by the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Paying Agent will make deliver all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (DineEquity, Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. noon (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes.Notes plus 2%. Table of Contents (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Note Purchase Agreement (Providence Service Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof at least ten Business Days prior to the date of such payment or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Spectrum Brands, Inc.)

Payment of Notes. (a) The Company agrees Issuers agree to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 12:00 P.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuers will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuers or any Affiliate of the Company Issuers is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company Issuers will promptly notify the Trustee of its compliance with this paragraphSection 4.01(a). (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuers or any Affiliate of the CompanyIssuers) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuers or any Affiliate of the Company Issuers acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees Issuers agree to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuers will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (J2 Global, Inc.)

Payment of Notes. (a) The Company Issuer agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuer will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuer or any Affiliate of the Company Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company Issuer will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuer or any Affiliate of the CompanyIssuer) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuer or any Affiliate of the Company Issuer acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company Issuer agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuer will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Nuance Communications, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of premium, if any, and interest on the each series of Notes on the dates and in the manner provided in the each series of Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on any Notes, or any redemption or purchase price of the NotesNotes of any series, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.

Appears in 1 contract

Samples: Indenture (Ipalco Enterprises Inc)

Payment of Notes. (a) The Company Issuer agrees to pay the principal of of, premium, if any, and interest and Additional Interest, if any, on the Notes on the dates and in the manner provided in the Notes and this the Indenture. The Issuer shall pay Additional Interest, if any, in the amounts set forth in the applicable Registration Rights Agreement. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on and Additional Interest, if any, on, any Notes, or any redemption or purchase price of the Notes, the Company Issuer will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts; provided, provided that if the Company Issuer or any Affiliate of the Company Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case case, the Company Issuer will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal principal, premium, if any, or interest and Additional Interest, if any, will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuer or any Affiliate of the CompanyIssuer) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuer or any Affiliate of the Company Issuer acts as Paying Agent, an installment of principal principal, premium, if any, or interest and Additional Interest, if any, will be considered paid on the due date only if paid to the Holders. (c) The Company Issuer agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest and Additional Interest, if any, at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuer will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

Payment of Notes. 25 (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 10:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph.. 25 (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders.. 25 (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes.Notes plus 2%. 25 (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.. 25 Section 4.2 Maintenance of Office or Agency 26 Section 4.3 Existence 26

Appears in 1 contract

Samples: Indenture (Sun Microsystems, Inc.)

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Payment of Notes. (a) 4.1.1 The Company agrees to pay the principal of and interest (including, without limitation, any Additional Amounts, if any) on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the Business Day (solely in New York City) immediately prior to the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Principal Paying Agent) Agent money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as a Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) 4.1.2 An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as a Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) 4.1.3 The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes (1 per cent. per annum in excess of the rate per annum borne by the Notes). (d) 4.1.4 Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Depositary, as the Holders of the Global Notes. With respect to Certificated Notes, the Company will make Notes all payments by wire transfer shall be payable at the office of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressPrincipal Paying Agent.

Appears in 1 contract

Samples: Indenture (JBS USA Holdings, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 10:00 a.m. (New York City time) , on the due date of any principal of or interest on any Notes, or any redemption or purchase price of Redemption Date, as the Notescase may be, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, the amounts then due; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available same-day funds to the accounts specified by the Holders of the Global NotesDepositary. With respect to Certificated Notes, the Company will make all payments of interest in same-day funds by transfer to an account maintained by the Holder located inside the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such Holder not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specifiedinstructions have been received, by mailing check drawn on a bank in the United States mailed to the payee at its address set forth on the Registrar’s books; and in the case of principal, upon presentation and surrender at an office of a Paying Agent. With respect to Notes held on BNY Mellon’s DRS, the Company will make payments by check mailed to each Holderthe Holder at its address set forth on BNY Mellon’s registered addressbooks drawn on a bank in the United States.

Appears in 1 contract

Samples: Indenture (Wellcare Health Plans, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, principal and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will will, through its Paying Agent, make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Rex Energy Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the Business Day immediately preceding the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) Agent money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraphclause. (b) An installment of principal or interest will be considered paid on the date due if the Trustee Paying Agent (or Paying Agent, if other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments All payments in respect of the Notes represented by the Global Notes are to be made at the office or agency of the Paying Agent in New York City, unless the Company elects to make such payments by wire transfer of immediately available funds check mailed to the accounts specified by the registered Holders of the Global Notesat their registered addresses. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address. (e) No Agent shall be obligated to make any payment to Holders until such time as it has received funds and been able to identify or confirm receipt of such funds.

Appears in 1 contract

Samples: Indenture (Telecom Argentina Sa)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that that, if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, principal and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will will, through its Paying Agent, make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Rex Energy Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest (including, without limitation, any Additional Amounts, if any) on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the Business Day (solely in New York City) immediately prior to the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Principal Paying Agent) Agent money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as a Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as a Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes (1% per annum in excess of the rate per annum borne by the Notes). (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders Depositary, as the Holder of the Global Notes. With respect to Certificated Notes, the Company will make Notes all payments by wire transfer shall be payable at the office of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressPrincipal Paying Agent.

Appears in 1 contract

Samples: Indenture (Cosan Ltd.)

Payment of Notes. (a) The Company agrees Issuers agree to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuers will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuers or any Affiliate of the Company Issuers is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company Issuers will promptly notify the Trustee of its their compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuers or any Affiliate of the CompanyIssuers) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuers or any Affiliate of the Company Issuers acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees Issuers agree to pay interest on overdue principal, and, in certain circumstances principal and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuers will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Tower Automotive, LLC)

Payment of Notes. (a) The Company Issuer agrees to pay the principal of of, premium, if any, and interest and Additional Interest, if any, on the Notes on the dates and in the manner provided in the Notes and this Indenture. The Issuer shall pay Additional Interest, if any, in the amounts set forth in the applicable Registration Rights Agreement. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of of, premium, if any, or interest on and Additional Interest, if any, on, any Notes, or any redemption or purchase price of the Notes, the Company Issuer will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts; provided, provided that if the Company Issuer or any Affiliate of the Company Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case case, the Company Issuer will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal principal, premium, if any, or interest and Additional Interest, if any, will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuer or any Affiliate of the CompanyIssuer) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuer or any Affiliate of the Company Issuer acts as Paying Agent, an installment of principal principal, premium, if any, or interest and Additional Interest, if any, will be considered paid on the due date only if paid to the Holders. (c) The Company Issuer agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest and Additional Interest, if any, at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuer will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City London time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, ; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof at least ten Business Days prior to the date of such payment or, if no such account is specified, by mailing a check to each Holder’s registered address. All payments of interest and principal, including payments made upon any redemption or repurchase of the Notes, will be payable in Euro. If, on or after the date of this Indenture, the Euro is unavailable to the Company due to the imposition of exchange controls or other circumstances beyond the Company’s control or if the Euro is no longer being used by the member states of the EMU that have adopted the Euro as their currency or for the settlement of transactions by public institutions of or within the international banking community, then all payments in respect of the Notes will be made in United States dollars until the Euro is again available to the Company and the Guarantors or so used. In such circumstances, the amount payable on any date in Euro will be converted into United States dollars, based on customary banking practices. Any payment in respect of the Notes so made in United States dollars will not constitute an Event of Default under the Notes or this Indenture. Neither the Trustee nor the Paying Agent for the Notes shall have any responsibility for any calculation or conversion in connection with the foregoing.

Appears in 1 contract

Samples: Indenture (SB/RH Holdings, LLC)

Payment of Notes. (a) The Company agrees Issuers jointly and severally agree to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 12:00 noon (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuers will deposit with the Trustee Securities Administrator (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuers or any Affiliate of the Company an Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee Securities Administrator (or Paying Agent, other than the Company Issuers or any Affiliate of the CompanyIssuers) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuers or any Affiliate of the Company Issuers acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees Issuers jointly and severally agree to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the NotesNotes of each series. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders Holder of the Global Notes. With respect to Certificated Notes, the Company Issuers (or the Securities Administrator or Paying Agent) will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installmentinstallment not later than 9:00 A.M. (New York City time) on the due date of such installment of principal or interest. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to DTC for transfer to the accounts specified by the Holders of the Global Notesits participants. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specifiedspecified to the Trustee or the Paying Agent at least 15 calendar days prior to the applicable payment date, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Huntington Ingalls Industries, Inc.)

Payment of Notes. (a) The Company agrees to pay the Accreted Value or principal amount, as applicable, of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of Accreted Value or principal amount, as applicable, or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal Accreted Value or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principalAccreted Value, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.

Appears in 1 contract

Samples: Debt Registration Rights Agreement (Choice One Communications Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the same rate per annum specified in borne by the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Wendy's/Arby's Group, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. The Company may pay interest at the Trustee’s corporate trust office or by check mailed to the registered address of the Holder. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Medtronic Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 12:00 P.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address. (e) If the Company becomes obligated to pay Additional Interest, the Company shall promptly notify the Trustee of such obligation, in the manner and form described in Section 7.02(8).

Appears in 1 contract

Samples: Indenture (J2 Global, Inc.)

Payment of Notes. (a) The Company agrees to shall pay the principal of and premium, if any, and interest (including Defaulted Interest) on the Notes in U.S. Dollars on the dates and in the manner provided in the Notes and in this Indenture. (b) The Company shall pay interest (including Post-Petition Interest in any proceeding under any Bankruptcy Law) on the Notes to the Persons in whose name the Notes are registered on the relevant Record Date and shall pay principal and premium, if any, on the Notes to the Persons in whose name the Notes are registered at the close of business on the fifth day before the due date for such payment. Not later than 11:00 a.m. Payments of principal, premium, if any, and interest in respect of each Note shall be made by a Paying Agent by wire transfer to a U.S. Dollar account maintained by the payee with a bank in New York City. The Company will make payments of principal and premium, if any, upon surrender of the relevant Notes at the specified office of the Trustee or any of the Paying Agents. (c) Prior to 12:00 noon (New York City time) on at least one Business Day prior to each Interest Payment Date and the due date of any principal of or interest on any Notes, or any redemption or purchase price of the NotesMaturity Date, the Company will shall deposit with the Trustee (or Paying Agent) money Agent in immediately available funds U.S. Dollars sufficient to pay make cash payments due on such amountsInterest Payment Date or Maturity Date, provided that if as the case may be. The Paying and Transfer Agent shall not be bound to make any payment until it has received the full amount due to be paid to it pursuant to this Section 3.1. If the Company or any an Affiliate of the Company is acting as Paying Agent, it willthe Company or such Affiliate shall, prior to 12:00 noon (New York City time) on or before each due dateInterest Payment Date and the Maturity Date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money U.S. Dollars sufficient to pay make cash payments due on such amounts until paid to such Holders Interest Payment Date or otherwise disposed of Maturity Date, as provided in this Indenturethe case may be. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or Principal and interest will shall be considered paid on the date due if on such date the Trustee or the Paying Agent (or Paying Agent, other than the Company or any an Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money in accordance with this Indenture U.S. Dollars designated for and sufficient to pay all principal and interest then due and the installment. If Trustee or the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on as the due date only if paid case may be, is not prohibited from paying such money to the Holders. (c) The Company agrees to pay interest Holders on overdue principal, and, in certain circumstances and that date pursuant to the extent lawfulterms of this Indenture. Notwithstanding the foregoing, overdue installments the Company may elect to make the payments of interest by check mailed to the registered Holders at the rate per annum specified in the Notestheir registered addresses. (d) Payments Notwithstanding anything to the contrary contained in this Indenture, all payments in respect of the Notes represented by the Global Notes are will be subject in all cases to be made by wire transfer of immediately available funds any applicable tax or other laws and regulations, but without prejudice to the accounts specified by provisions described under Section 3.12. No fees or expenses will be charged to the Holders in respect of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addresspayments.

Appears in 1 contract

Samples: Indenture (VM Holding S.A.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, andand , in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Harbinger Group Inc.)

Payment of Notes. (a) The Company agrees to shall pay the principal of of, any premium on (if any) and interest interest, and Additional Amounts, if any, on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City time) on one Business Day prior to the Interest Payment Date, the due date of any principal of or interest on any Notes, the Tax Redemption Date pursuant to Section 3.01 or any the redemption or purchase price of the Notesdate pursuant to Section 3.02 (each a “Payment Date”), the Company will deposit with pay or cause to be paid to the Trustee account of the Paying and Transfer Agent at the office or agency of the Company maintained for that purpose (which initially will be the specified office of the Paying and Transfer Agent, currently located at Citibank, N.A., London Branch, c/o Citibank, N.A., Dublin Branch, Gxxxxx Xxxxx, Xxx Xxxxx Xxxx Xxxx, Xxxxxx 0, Xxxxxxx, in such coin or Paying Agent) money currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts, in immediately available funds funds, an amount which shall be sufficient to pay the aggregate amount of interest, principal or premium or all of such amounts, as the case may be, becoming due in respect of the Notes on such Payment Date; provided that if the Company or any Affiliate of the Company is acting as Paying and Transfer Agent, it willshall, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will shall promptly notify the Trustee and the Paying and Transfer Agent of its compliance with this paragraphSection 4.01(a). (b) An installment of principal principal, premium or interest will be considered paid on the date due if the Trustee (or Paying and Transfer Agent, other than the Company or any Affiliate of the Company) , holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying and Transfer Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Paying and Transfer Agent, which will include the Company agrees to pay interest on overdue principalor any Affiliate of the Company if it is acting as Paying and Transfer Agent, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments will make payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Paying and Transfer Agent will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address; provided that if the Company or any Affiliate of the Company is acting as Paying and Transfer Agent, it shall make such payment to the Holders as specified above. (d) At least 15 days prior to the first Payment Date and, if there has been any change with respect to the matters set forth in the below-mentioned certificate, at least 15 days prior to each Payment Date thereafter, the Company shall furnish the Paying and Transfer Agent with an Officers’ Certificate instructing the Paying and Transfer Agent as to any circumstances in which payments of principal of, or interest or premium on, the Notes due on such date shall be subject to deduction or withholding for, or on account of, any Taxes described in Section 4.20 and the rate of any such deduction or withholding. If any such deduction or withholding shall be required and if the Company therefore becomes liable to pay Additional Amounts, if any, pursuant to Section 4.20 then at least 15 days prior to each Payment Date, the Company shall furnish the Paying and Transfer Agent with a certificate which specifies the amount required to be withheld on such payment to Holders of the Notes, and the Additional Amounts, if any, due to the Holders of the Notes, and at least one Business Day prior to such Payment Date, will pay to the Paying and Transfer Agent such Additional Amounts, if any, as shall be required to be paid to such Holders.

Appears in 1 contract

Samples: Indenture (Xinyuan Real Estate Co., Ltd.)

Payment of Notes. (a) (1) The Company agrees to shall pay the principal (including Defaulted Principal) of and interest (including Defaulted Interest) on the Notes in U.S. Legal Tender on the dates and in the manner provided in the Notes and in this Indenture. Not later than 11:00 a.m. (Prior to 12:00 noon New York City time) time on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the NotesBusiness Day immediately preceding each Payment Date, the Company will shall deposit with the Trustee (or Paying Agent) money Agent in immediately available funds U.S. Legal Tender sufficient to pay make cash payments due on such amountsPayment Date, provided that if which amounts shall remain uninvested in a trust account until distributed on the Company relevant Payment Date. If the Company, a Subsidiary Guarantor or any an Affiliate of the Company or of a Subsidiary Guarantor is acting as Paying Agent, it willthe Company, such Subsidiary Guarantor or such Affiliate shall, prior to 12:00 noon New York City time on or before each due datePayment Date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money U.S. Legal Tender sufficient to pay make cash payments due on such amounts until paid to such Holders or otherwise disposed of as provided in this IndenturePayment Date. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or Principal and interest will shall be considered paid on the date due if on such date the Trustee or the Paying Agent (or Paying Agent, other than the Company Company, a Subsidiary Guarantor or any an Affiliate of the CompanyCompany or of a Subsidiary Guarantor) holds by 11:00 a.m. (New York City time) on that date money in accordance with this Indenture U.S. Legal Tender designated for and sufficient to pay all principal and interest then due and the installment. If Trustee or the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on as the due date only if paid case may be, is not prohibited from paying such money to the HoldersHolders on that date pursuant to the terms of this Indenture. Notwithstanding the foregoing, the Company may elect to make the payments of interest by check mailed to the registered Holders at their registered addresses. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d2) Payments in respect of the Notes represented by the a Global Notes are to Note (including principal, premium, if any, and interest) shall be made by the transfer of immediately available funds to the account specified by DTC. The Company shall make all payments in respect of a Certificated Note (including principal, premium, if any, and interest) by wire transfer of immediately available funds to an account at a bank in the accounts specified city of New York, on the due date. To receive a wire payment, the Holder must give the Paying Agent appropriate wire transfer instructions at least 15 Business Days before the requested wire payment is due. In the case of interest payments due on Interest Payment Dates, the instructions must be given by the Holders Person or entity who is the Holder on the relevant regular Record Date. In the case of any other payment, payment will be made only after the Notes are surrendered to the Paying Agent. Any wire instructions, once properly given, will remain in effect unless and until new instructions are given in the manner described above. In the absence of wire instructions, the Company will pay interest that is due on an Interest Payment Date by check mailed on such Interest Payment Date to the Holder at the Holder’s address appearing in the register of the Global Notes. With respect to Certificated NotesNotes as of the close of business on the regular Record Date, and the Company will make all other payments by wire transfer check against presentation of immediately available funds the Note. All payments by check will be made in same-day funds. If the Company issues Notes in certificated form, Holders of Notes in certificated form will be able to receive payments of principal and interest on their Notes at the accounts specified by office of our Paying Agent and, for so long as the Holders thereof ornotes are listed on the Official List of the Luxembourg Stock Exchange, if no such account is specified, by mailing a check to each Holder’s registered addressat the office of our Luxembourg Paying Agent.

Appears in 1 contract

Samples: Indenture

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments of principal, premium, if any, and interest on Global Notes will be made to the Depositary by wire transfer, in respect same day funds. The Company has the option, however, to pay interest by check mailed to the address of the Notes represented by Person in whose name the Global Notes are to be made by wire transfer applicable Note is registered at the close of immediately available funds to business on the accounts specified by relevant Regular Record Date as shown on the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressapplicable Register.

Appears in 1 contract

Samples: Indenture (PHH Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if if, not later than 10:00 A.M. (New York City time) on such date, the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (UWM Holdings Corp)

Payment of Notes. (a) The Company agrees to shall pay the principal of and interest (including any Additional Interest) on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (12:00 p.m. New York City time) time on the due date of any principal of or interest (including any Additional Interest) on any Notes, or any redemption or purchase price of the NotesRepurchase Date, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, the amounts then due; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (ba) An installment of principal or interest (including any Additional Interest) will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest (including any Additional Interest) will be considered paid on the due date only if paid to the Holders. (cb) The Company agrees to shall pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (dc) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available same-day funds to the Depositary for the purpose of permitting such party to credit the payments received by it in respect of such Global Note to the accounts specified by the Holders of the Global Notesbeneficial owners thereof. With respect to Certificated Notes, (i) to holders holding Certificated Notes having an aggregate principal amount of $1,000,000 or less, the Company will make all payments by check drawn on a bank in the United States mailed to the payee at its address set forth on the Registrar’s books and (ii) to Holders holding Certificated Notes having an aggregate principal amount of more than $1,000,000, the Company will make all payments in same-day funds by transfer to an account maintained by the payee located inside the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such payee not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specifiedinstructions have been received, by mailing check drawn on a check bank in the United States mailed to each Holderthe payee at its address set forth on the Registrar’s registered addressbooks.

Appears in 1 contract

Samples: Indenture (Technitrol Inc)

Payment of Notes. (a) The Company agrees to shall pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City time) ; provided, however, that any installment of interest paid in cash, except with respect to any such amounts payable on the due date of Maturity Date, any principal of or interest on Redemption Date, any Notes, Net Proceeds Offer Payment Date or any redemption or purchase price Change of Control Payment Date shall be subject to the terms and provisions of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this IndentureSenior Credit Facilities. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will paid in cash, shall be considered paid on the date due if the Trustee (or Paying Agent, Agent (other than the Company or any Subsidiary of the Company or any Affiliate of the Companyany thereof) holds by 11:00 a.m. (New York City time) on that such date money immediately available funds designated for and sufficient to pay the such installment. If the Company or any Affiliate of the Company acts as Paying Agent, an An installment of principal or interest will PIK Interest shall be considered paid on the due date only if paid on such date (1) if PIK Notes (including PIK Notes that are Global Securities) having a principal amount equal to such installment have been issued therefore, such PIK Notes have been authenticated in accordance with the Holdersterms of this Indenture and (2) if the PIK Payment is made by increasing the principal amount of Global Securities then authenticated, the Trustee has increased the principal amount of Global Securities then authenticated by the amount of such installment. (cb) The Company agrees to shall pay interest (including Accrued Bankruptcy Interest) on overdue principal, and, in certain circumstances principal and to the extent lawful, on overdue installments of interest interest, in each case at the rate per annum specified in the Notes, to the extent lawful. (dc) Payments in respect of the Notes represented by the Global Notes are Not less than five Business Days prior to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Noteseach Interest Payment Date, the Company will make all payments by wire transfer of immediately available funds shall deliver a notice to the accounts specified by Trustee specifying the Holders thereof oraggregate amount of PIK Interest to be paid through increases in the Global Security and through the issuance of additional PIK Notes. On the relevant Interest Payment Date the Trustee shall record increases in the Global Security and authenticate PIK Notes, if no such account is specifiedas appropriate, by mailing a check in the aggregate principal amounts required to each Holder’s registered addresspay the PIK Interest then due. The Company shall deliver an Authentication Order to the Trustee in accordance with Section 2.2 hereof upon payment of PIK Interest.

Appears in 1 contract

Samples: Indenture (World Color Press Inc.)

Payment of Notes. (a) The Company Issuer agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company Issuer will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company Issuer or any Affiliate of the Company Issuer is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company Issuer will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company Issuer or any Affiliate of the CompanyIssuer) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company Issuer or any Affiliate of the Company Issuer acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company Issuer agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company Issuer will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Seagate Technology)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if such redemption is being made in connection with a Mandatory Redemption Event, the Company shall irrevocably deposit with the Trustee (or Paying Agent) such amount in cash sufficient to pay, in the case of a Mandatory Redemption Event arising under Section 3.02(a), such portion of the principal of the Notes required to be redeemed pursuant to the terms thereof, and in the case of a Mandatory Redemption Event arising under clauses (i), (ii) or (iii) of Section 3.02(b), all of the principal of the Notes outstanding on such date, in each case plus accrued and unpaid interest on the Notes, if any, to such applicable Redemption Date. To the extent of any interest accrued after such applicable Redemption Date until the date the registered Holders of the redeemed Notes receive payment of principal and interest accrued to the Redemption Date in respect of such Notes, each applicable Holder shall deliver a certificate setting forth any amount or amounts that such Holder is entitled to receive pursuant to this Section 4.01 and such certificate shall be conclusive absent manifest error. The Company shall pay such registered Holder the amount shown as due on any such certificate within 10 Business Days after receipt thereof. If the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this IndentureHolders. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Quicksilver Resources Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (12:00 p.m. New York City time) , on the due date of any principal of or interest on any Notes, or any redemption or purchase price of Change in Control Repurchase Date, as the Notescase may be, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, the amounts then due; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available same-day funds to the Depositary for the purpose of permitting such party to credit the payments received by it in respect of such Global Note to the accounts specified by the Holders of the Global Notesbeneficial owners thereof. With respect to Certificated Notes, the Company will make all payments in same-day funds by transfer to an account maintained by the payee located inside the United States, if the Trustee shall have received proper wire transfer of immediately available funds to instructions from such payee not later than the accounts specified by the Holders thereof related Regular Record Date or, if no such account is specified, instructions have been received by mailing check drawn on a check bank in the United States mailed to each Holderthe payee at its address set forth on the Registrar’s registered addressbooks.

Appears in 1 contract

Samples: Indenture (Millennium Pharmaceuticals Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. If the Company defaults in a payment of interest on the Notes, it shall pay the defaulted interest in any lawful manner plus, to the extent lawful, interest payable on the defaulted interest, to the Persons who are Holders on a subsequent special record date, in each case at the rate provided in the Notes. The Company shall notify the Trustee in writing of the amount of defaulted interest proposed to be paid on each Note and the date of the proposed payment. The Company shall fix or cause to be fixed each such special record date and payment date, provided that such special record date shall be the 15th day preceding the date fixed by the Company for the payment of such defaulted interest. At least 15 days before the special 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 or cause to be mailed to Holders a notice that states the special record date, the related payment date and the amount of such interest to be paid. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global NotesDepositary. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address. (e) Additional Interest will be payable in arrears on each Interest Payment Date following accrual in the same manner as regular interest on the Notes. If Additional Interest is payable on the Notes, the Issuer shall provide an Officer’s Certificate to the Trustee on or before the Regular Record Date for each Interest Payment Date such Additional Interest is payable setting forth the accrual period and the amount of such Additional Interest in reasonable detail. The Trustee may provide a copy of such Officer’s Certificate or other notice received from the Issuer relating to Additional Interest to any Holder upon request. Unless and until a Responsible Officer of the Trustee receives at the Corporate Trust Office such a certificate, the Trustee may assume without inquiry that no such Additional Interest is payable. If the Company has paid Additional Interest directly to the Persons entitled to it, the Company shall deliver to the Trustee an Officer’s Certificate setting forth the particulars of such payment.

Appears in 1 contract

Samples: Indenture (Molycorp, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 10:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) . An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) . The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Notes plus 2%. Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.

Appears in 1 contract

Samples: Indenture (Sun Microsystems, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph‎Section 4.01(a). (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Enova International, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City London time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments at the office or agency maintained by the Company for that purpose or, if a Holder has specified an account and so requested, by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressHolder thereof.

Appears in 1 contract

Samples: Indenture (Chesapeake Corp /Va/)

Payment of Notes. (a) The Company agrees shall pay or cause to pay be paid the principal of of, premium, if any, and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case If a payment date is not a Business Day, payment may be made on the Company will promptly notify next succeeding day that is a Business Day, and no interest shall accrue on such payment for the Trustee of its compliance with this paragraphintervening period. (b) An installment of The principal of, or premium, if any, or interest will on the Notes payable in cash shall be considered paid on the date due if the Trustee Paying Agent (or Paying Agent, other than the Company or any an Affiliate of the Company) holds by 11:00 a.m. (at 1:00 p.m. New York, New York City time) time on that date money U.S. Legal Tender designated for and sufficient to pay all principal, premium, if any, and interest on the installmentNotes then due. If the Company or any Affiliate The portion of the Company acts as Paying Agent, an installment of principal or interest will interest, if any, on the Notes payable as PIK Interest on any Interest Payment Date shall be considered paid on the due such date only if paid on such date (1) to the Holdersextent such PIK Interest is paid by issuance of Additional Notes constituting PIK Notes, PIK Notes having an aggregate principal amount equal to the PIK Interest Amount with respect to such Interest Payment Date for such Notes have been executed and delivered, together with an Authentication Order in accordance with Section 2.02, to the Trustee for authentication and delivery to the Holders of such Notes in accordance with the terms of this Indenture and (2) to the extent such PIK Interest is paid by increasing the principal amount of Global Notes previously authenticated hereunder, the Company has directed the Trustee in writing to increase the principal amount of such Global Notes previously authenticated by the PIK Interest Amount with respect to such Interest Payment Date for such Notes. The portion of any installment of interest on Notes payable as PIK Interest that is not paid on the date it is due shall be payable solely in cash. (c) The Not less than five Business Days prior to each Interest Payment Date with respect to the Notes, so long as such Interest Payment Date is prior to Maturity, the Company agrees shall be entitled to deliver a notice to the Trustee specifying (i) that the Company has elected, so long as such Interest Payment Date is prior to Maturity, not to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments entire amount of interest at due on such Interest Payment Date in cash, (ii) the rate per annum respective aggregate amounts of interest to be paid in cash and as PIK Interest as determined in accordance with Section 4.01(d) and (iii) the respective aggregate amounts of PIK Interest to be paid through increases in the aggregate principal amount of Global Notes previously authenticated hereunder or through the issuance of Additional Notes constituting PIK Notes. If the Company does not deliver such notice with respect to any such Interest Payment Date within the time period specified in the preceding sentence, the Company shall be deemed to have elected to pay the entire amount of interest due on such Interest Payment Date in cash. On the relevant Interest Payment Date for any Note as to which such notice has been timely given, so long as such Interest Payment Date is prior to Maturity, the Trustee shall record increases in the Global Notes or authenticate and deliver Additional Notes constituting PIK Notes, as appropriate, in an aggregate principal amount equal to the PIK Interest Amount with respect to such Interest Payment Date for such Notes. The Company shall deliver an Authentication Order to the Trustee in accordance with Section 2.02 upon issuance of PIK Notes in payment of PIK Interest. (d) Payments Interest shall accrue on the principal amount of any outstanding Notes at a rate of 15% per annum and be payable solely in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With cash; provided, however, that, if with respect to Certificated any Interest Payment Date that occurs prior to Maturity of any Notes, the Company will make all payments by wire transfer has duly elected pursuant to Section 4.01(c) not to pay the entire installment of immediately available funds interest due on such Interest Payment Date in cash, and if (but only if) the Company pays on such Interest Payment Date the entire installment of interest on such designated Notes due on such Interest Payment Date, the portion of such installment equal to the accounts specified PIK Interest Amount with respect to such Interest Payment Date (i.e., the designated portion equal to up to one-third of the aggregate amount thereof) shall be payable by issuance of PIK Notes in accordance with Section 2.02(a) and the remainder of such installment shall be payable in cash. (e) The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal in cash at the rate equal to 2% per annum in excess of the then applicable interest rate on the Notes to the extent lawful; they shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful. (f) Notwithstanding anything to the contrary contained in this Indenture, the Company may, to the extent it is required to do so by law, deduct or withhold income or other similar taxes imposed by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered addressUnited States of America from principal or interest payments hereunder.

Appears in 1 contract

Samples: Indenture (Uno of Victor, Inc.)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or cash interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or cash interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. An installment of PIK Interest shall be considered paid on the due date if on that date the outstanding principal amount of the Notes has been increased, or additional Notes have been issued, in an amount equal to such PIK Interest. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (NFC Castings Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, ; provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the same rate per annum specified in borne by the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (Ruby Tuesday Inc)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this the Indenture. Not later than 11:00 a.m. 10:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this the Indenture. In each case the Company will promptly notify the Trustee in writing of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if if, not later than 10:00 A.M. (New York City time) on such date, the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s registered address.

Appears in 1 contract

Samples: Indenture (UWM Holdings Corp)

Payment of Notes. (a) The Company agrees to pay the principal of and interest on the Notes on the dates and in the manner provided in the Notes and this Indenture. Not later than 11:00 a.m. 9:00 A.M. (New York City time) on the due date of any principal of or interest on any Notes, or any redemption or purchase price of the Notes, the Company will deposit with the Trustee (or Paying Agent) money in immediately available funds sufficient to pay such amounts, provided that if the Company or any Affiliate of the Company is acting as Paying Agent, it will, on or before each due date, segregate and hold in a separate trust fund for the benefit of the Holders a sum of money sufficient to pay such amounts until paid to such Holders or otherwise disposed of as provided in this Indenture. In each case case, the Company will promptly notify the Trustee of its compliance with this paragraph. (b) An installment of principal or interest will be considered paid on the date due if the Trustee (or Paying Agent, other than the Company or any Affiliate of the Company) holds by 11:00 a.m. (New York City time) on that date money designated for and sufficient to pay the installment. If the Company or any Affiliate of the Company acts as Paying Agent, an installment of principal or interest will be considered paid on the due date only if paid to the Holders. (c) The Company agrees to pay interest on overdue principal, and, in certain circumstances and to the extent lawful, overdue installments of interest at the rate per annum specified in the Notes. (d) Payments in respect of the Notes represented by the Global Notes are to be made by wire transfer of immediately available funds to the accounts specified by the Holders of the Global Notes. With respect to Certificated Notes, the Company will make all payments by wire transfer of immediately available funds to the accounts specified by the Holders thereof or, if no such account is specified, by mailing a check to each Holder’s 's registered address.

Appears in 1 contract

Samples: Indenture (Allegheny Technologies Inc)

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