Common use of Payment of Principal and Interest; Rights Preserved Clause in Contracts

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate applicable to such Class; provided, however, that with respect to each Class of Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes of each Class shall be calculated on the basis of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day year, except for interest on the Class E-2 Notes, which shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class shall accrue through the day preceding the Stated Maturity Date and, to the extent that the payment of such interest shall be legally enforceable (except with respect to Deferred Interest), on any overdue payment of interest at the Note Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee to the Noteholders in accordance with Section 13.03. In making any interest payment, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased to the nearest whole cent, and no subsequent adjustment shall be made in respect thereof.

Appears in 2 contracts

Samples: Indenture (Resource America, Inc.), Execution Version (Resource America, Inc.)

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Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate applicable to such Class; provided, provided however, that with respect to each Class of Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes of each Class shall be calculated on the basis of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day yearA Notes, except for interest on the Class E-2 Notes, which B-1 Notes and the Class B-2 Notes shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class months and shall accrue through the day preceding the Stated Maturity Date and, to the extent that the payment of such interest shall be legally enforceable (except with respect to Deferred Interest), on any overdue payment of interest at the Note Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee to the Noteholders in accordance with Section 13.03. In making any interest payment, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased to the nearest whole cent, and no subsequent adjustment shall be made in respect thereof.

Appears in 1 contract

Samples: Lockbox Intercreditor Agreement (Resource America, Inc.)

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate applicable to such Class; provided, provided however, that with respect to each Class of Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes of each Class shall be calculated on the basis of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day yearA Notes, except for interest on the Class E-2 B Notes, which the Class C Notes, the Class D Note and the Class E Notes shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class months and shall accrue through the day preceding the Stated Maturity Date and, to the extent that the payment of such interest shall be legally enforceable enforceable, (except with respect to Deferred Interest), ) on any overdue payment of interest at the Note Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee to the Noteholders in accordance with Section 13.03. In making any interest payment, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased to the nearest whole cent, and no subsequent adjustment shall be made in respect thereof.

Appears in 1 contract

Samples: Indenture (LEAF Equipment Finance Fund 4, L.P.)

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Each Class of Rated Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate during each Interest Period applicable to such Class; provided, however, that with respect to Class in the manner and at the Applicable Periodic Interest Rate specified in Section 2.2. Interest on each Class of Rated Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes of each Class shall be calculated on the basis of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day year, except for interest on the Class E-2 Notes, which shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class shall accrue through the day preceding the Stated Maturity Date and, to the extent that the payment of such interest shall be legally enforceable (except with respect to Deferred Interest), on any overdue payment of interest at the Note Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable on each Payment Date; provided that (i) interest on the Class A-2 Notes is subordinated in arrears right of payment to the prior payment in full on each Payment Date of the interest due and shall be paid by payable on the Trustee Class A Senior Notes (together with any Defaulted Interest thereon) (ii) interest on the Class B Notes is subordinated in right of payment to the Noteholders prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), (iii) interest on the Class C Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon) and on the Class B Notes (together with any Defaulted Interest thereon), (iv) interest on the Class D Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon) and on the Class C Notes (together with any Defaulted Interest thereon), (v) interest on the Class E Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon) and on the Class D Notes (together with any Defaulted Interest thereon), (vi) interest on the Class F Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon) and on the Class E Notes (together with any Defaulted Interest thereon), (vii) interest on the Class G Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon) and on the Class F Notes (together with any Defaulted Interest thereon), (viii) interest on the Class H Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon) and on the Class G Notes (together with any Defaulted Interest thereon), (ix) interest on the Class J Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon), on the Class G Notes (together with any Defaulted Interest thereon) and on the Class H Notes (together with any Defaulted Interest thereon), (x) interest on the Class K Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon), on the Class G Notes (together with any Defaulted Interest thereon), on the Class H Notes (together with any Defaulted Interest thereon) and on the Class J Notes (together with any Defaulted Interest thereon), (xi) interest on the Class L Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon), on the Class G Notes (together with any Defaulted Interest thereon), on the Class H Notes (together with any Defaulted Interest thereon), on the Class J Notes (together with any Defaulted Interest thereon) and on the Class K Notes (together with any Defaulted Interest thereon), (xii) interest on the Class M Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon), on the Class G Notes (together with any Defaulted Interest thereon), on the Class H Notes (together with any Defaulted Interest thereon), on the Class J Notes (together with any Defaulted Interest thereon), on the Class K Notes (together with any Defaulted Interest thereon) and on the Class L Notes (together with any Defaulted Interest thereon), (xiii) interest on the Class N Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon), on the Class G Notes (together with any Defaulted Interest thereon), on the Class H Notes (together with any Defaulted Interest thereon), on the Class J Notes (together with any Defaulted Interest thereon), on the Class K Notes (together with any Defaulted Interest thereon), on the Class L Notes (together with any Defaulted Interest thereon) and on the Class M Notes (together with any Defaulted Interest thereon) and (xiv) interest on all Rated Notes is subordinated in right of payment to the prior payment in full on each Payment Date of other amounts in accordance with Section 13.0311.1. In making Payments of interest on the Class A Senior Notes (including any interest paymentDefaulted Interest) and Class A-R Commitment Fee will be paid on a pro rata basis between the Class A-1 Notes and the Class A-R Notes based on amount due. Except as provided in Section 5.5, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such no payment shall be decreased made by the Co-Issuers hereunder other than on a Payment Date. So long as any Class A Notes, Class B Notes, Class C Notes or Class D Notes are Outstanding, any Class E Applicable Periodic Interest Shortfall Amount shall be deferred and added to the nearest whole centthen Aggregate Outstanding Amount of the Class E Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class E Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, and no subsequent adjustment Class B Notes, Class C Notes, Class D Notes or Class E Notes are Outstanding, any Class F Applicable Periodic Interest Shortfall Amount shall be made deferred and added to the then Aggregate Outstanding Amount of the Class F Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class F Applicable Periodic Interest Shortfall Amount in respect thereof.accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes or Class F Notes are Outstanding, any Class G Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class G Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class G Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes or Class G Notes are Outstanding, any Class H Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class H Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class H Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes, Class G Notes or Class H Notes are Outstanding, any Class J Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class J Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class J Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes, Class G Notes, Class H Notes or Class J Notes are Outstanding, any Class K Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class K Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class K Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes, Class G Notes, Class H Notes, Class J Notes or Class K Notes are Outstanding, any Class L Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class L Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class L Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes, Class G Notes, Class H Notes, Class J Notes, Class K Notes or Class L Notes are Outstanding, any Class M Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class M Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class M Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1 So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes, Class G Notes, Class H Notes, Class J Notes, Class K Notes, Class L Notes or Class M Notes are Outstanding, any Class N Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class N Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class N Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1

Appears in 1 contract

Samples: Indenture (Northstar Realty)

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate applicable to such Class; provided, provided however, that with respect to each Class of Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes of each Class shall be calculated on the basis of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day year, except for interest on the Class E-2 Notes, which shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all All interest accrued hereunder on the Notes of each Class shall accrue through the day preceding the Stated Maturity Date for such Class and, to the extent that the payment of such interest shall be legally enforceable enforceable, (except with respect to Deferred Interest), ) on any overdue payment of interest at the Note Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee to the Noteholders in accordance with Section 13.03. In making any interest payment, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased to the nearest whole cent, and no subsequent adjustment shall be made in respect thereof.

Appears in 1 contract

Samples: Indenture (LEAF Equipment Finance Fund 4, L.P.)

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual PeriodThe principal or redemption price of any Note shall be payable, upon surrender of such Note, in any coin or currency of the Notes United States of each Class shall accrue interest on the Outstanding Note Balance thereof America which, at the time of payment, is legal tender for the payment of public and private debts, at the Principal Office of any Paying Agent, including funds evidenced by wire transfer. Interest on any Note Rate applicable on each Interest Payment Date in respect thereof shall be payable by check mailed to the address of the person entitled thereto as such Classaddress shall appear in the Note Register; provided, however, provided that with respect to each Class at the written request of the owner of at least $1,000,000 aggregate principal amount of Notes and on each Payment received by the Note Registrar at least one Business Day before the corresponding Record Date, interest accrued on the Notes will be payable by wire transfer within the United States in immediately available funds to the bank account number of such owner specified in such request and entered by the Note Registrar on the Note Register; and provided further that interest payable at maturity (or redemption) shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment paid only upon presentation and surrender of such Class of NotesNote. Notwithstanding the foregoingInterest on any Note which is payable, ifand is punctually paid or duly provided for, on any subsequent Interest Payment Date and with respect shall be paid to each Class the person in whose name that Note is registered at the close of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest business on the Regular Record Date for such Class interest. Notwithstanding anything herein to the contrary, when any Note is registered in the name of Notes a Depository or its nominee, the principal, redemption price and tender purchase price of and interest on such Note shall be deemed payable in federal funds delivered or transmitted to have accrued during the immediately preceding Depository or its nominee. Any interest on any Note which is payable, but is not punctually paid or provided for, on any Interest Accrual Period and Payment Date (herein called "Defaulted Interest") shall forthwith cease to be payable on to the owner of such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes relevant Regular Record Date by virtue of each Class having been such owner, and such Defaulted Interest shall be calculated paid to the person in whose name the Note is registered at the close of business on a Special Record Date to be fixed by the basis Trustee, such date to be no more than 15 nor fewer than 10 days prior to the date of proposed payment. The Trustee shall cause notice of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day year, except for interest on the Class E-2 Notes, which shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class shall accrue through the day preceding the Stated Maturity Date and, to the extent that the proposed payment of such interest shall Defaulted Interest and the Special Record Date therefor to be legally enforceable (except with respect mailed, first class postage prepaid, to Deferred Interest), on any overdue payment of interest each Noteholder at his address as it appears in the Note Rate from the date Register, not fewer than 10 days prior to such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paidSpecial Record Date. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee Subject to the Noteholders foregoing provisions of this Section 2.09, each Note delivered under this Indenture upon registration of transfer of or exchange for or in accordance with Section 13.03. In making lieu of any interest payment, if the interest calculation with respect to a other Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased carry the rights to the nearest whole centinterest accrued and unpaid, and no subsequent adjustment shall be made in respect thereofto accrue, which were carried by such other Note.

Appears in 1 contract

Samples: Aerovox Inc

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Each Series of Class A Notes of each and Class B Notes shall accrue interest on the Outstanding Note Balance thereof at the Note Rate applicable to such Class; provided, however, that with respect to during each Class of Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to at the Impairment applicable Note Interest Rate specified in Section 2.2(c), in the case of such the initial Series of Class A Notes and Class B Notes issued under this Indenture, and in the case of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Series of Class of A Notes or Class B Notes, no Impairment is allocated to such Class of Notes, all Deferred at the applicable Note Interest Rate specified in the Supplemental Indenture for such Series. The Class C Notes shall accrue interest during each Interest Accrual Period at the applicable Note Interest Rate as specified in Section 2.2. Interest on each Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period due and be payable on such each Quarterly Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes of each Class shall be calculated on the basis of the actual number of days elapsed during immediately following the related Interest Accrual Period and a three-hundred-sixty Period; provided that (360)-day year, except for i) payment of interest on the Class E-2 NotesB Notes (and premium, which shall be calculated if any) and the Class C Notes is subordinated to the payment on each Quarterly Payment Date or on any date following an Acceleration, of the interest (but not premium) due and payable on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Class A Notes of each Series (together with Defaulted Interest, if any) and may be paid only in accordance with the Priority of Payments or the Priority of Acceleration Payments, as applicable, (ii) payment of interest on the Class shall accrue through the day preceding the Stated Maturity Date and, C Notes is subordinated to the extent that payment on each Quarterly Payment Date or on any date following an Acceleration, of the interest (but not premium) due and payable on the Class A Notes and the interest (but not premium) due and payable on the Class B Notes (together with Defaulted Interest, if any) and may be paid only in accordance with the Priority of Payments or the Priority of Acceleration Payments, as applicable, and (iii) payments of interest on all Notes are subordinated to the payment on each Quarterly Payment Date or on any date following an Acceleration, of other amounts senior to such payments of interest in accordance with the Priority of Payments or the Priority of Acceleration Payments, as applicable. So long as any Class A Notes are Outstanding, any interest due on the aggregate outstanding principal of the Class B Notes which is not available to be paid as a result of the operation of the Priority of Payments on any Quarterly Payment Date (such interest, "Class B Deferred Interest") shall not be considered "due and payable" for the purposes of Section 5.1(a) of the Common Agreement (and the failure to pay such interest shall not be legally enforceable an Event of Default, but may constitute a Deferral Event) until the Quarterly Payment Date on which such interest is available to be paid in accordance with the Priority of Payments or until the first Quarterly Payment Date on or after which the Class A Notes are no longer Outstanding. Any Class B Deferred Interest shall be added to the aggregate principal amount of the Class B Notes and interest shall accrue on the aggregate principal amount of Class B Notes as so increased at the Class B Deferral Interest Rate until (except and including) the Interest Accrual Period immediately preceding the Quarterly Payment Date on which all interest due and payable on the Class B Notes as of such Quarterly Payment Date is paid in full (without any deferral), and thereafter, interest shall accrue on the aggregate principal amount of the Class B Notes at the Class B Note Interest Rate. So long as any Class A Notes and Class B Notes are Outstanding, any interest due on the Class C Notes which is not available to be paid as a result of the operation of the Priority of Payments on any Quarterly Payment Date (such interest, the "Class C Deferred Interest") shall not be considered "due and payable" for the purposes of Section 5.1(a) of the Common Agreement (and the failure to pay such interest shall not be an Event of Default) until the Quarterly Payment Date on which such interest is available to be paid in accordance with the Priority of Payments or until the first Quarterly Payment Date on or after which the Class A Notes and the Class B Notes are no longer Outstanding. Any Class C Deferred Interest shall be added to the aggregate principal of the Class C Notes and interest shall accrue on the aggregate principal amount as so increased at the Class C Note Interest Rate. Interest will cease to accrue on each Note, or in the case of a partial repayment or redemption, on such part, from the date of repayment or redemption or Stated Maturity unless payment of principal is improperly withheld or unless Default is otherwise made with respect to Deferred Interest)such payments. To the extent lawful and enforceable, interest on any overdue payment of interest Defaulted Interest shall accrue at the applicable Note Interest Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods until paid as provided herein) until fully paid. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee to the Noteholders in accordance with Section 13.03. In making any interest payment, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased to the nearest whole cent, and no subsequent adjustment shall be made in respect thereof.

Appears in 1 contract

Samples: Enron International Cpo Inc

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Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Each Class of Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate during each Interest Period applicable to such Class; provided, however, that with respect to each Class of Notes and at the applicable Note Interest Rate specified in Section 2.2. Interest on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period due and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes each Distribution Date; provided, that (i) payment of each Class shall be calculated on the basis of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day year, except for interest on the Class E-2 A-2 Notes is subordinated to the payment on each Distribution Date of the interest due and payable on the Class A-1 Notes (together with Defaulted Interest thereon and interest on such Defaulted Interest, if any), (ii) payment of interest on the Class B Notes is subordinated to the payment on each Distribution Date of the interest due and payable on the Class A-1 Notes and Class A-2 Notes (together with Defaulted Interest thereon, and interest on such Defaulted Interest, if any), (iii) payment of interest on the Class C Notes is subordinated to the payment on each Distribution Date of the interest due and payable on the Class A-1 Notes, which Class A-2 and Class B Notes (together with Defaulted Interest thereon, Class C Deferred Interest and interest on such Defaulted Interest or Class C Deferred Interest, if any), (iv) payment of interest on the Class D Notes is subordinated to the payment on each Distribution Date of the interest due and payable on the Class A-1 Notes, Class A-2 Notes, Class A-3 Notes, Class B Notes and Class C Notes (together with Defaulted Interest thereon, Class D Deferred Interest and interest on such Defaulted Interest or Class D Deferred Interest if any), (v) payment of interest on the Class E Notes is subordinated to the payment on each Distribution Date of the interest due and payable on the Class A-1 Notes, Class A-2 Notes, Class B Notes, Class C Notes and Class D Notes (together with Defaulted Interest thereon, Class E Deferred Interest and interest on such Defaulted Interest or Class E Deferred Interest, if any), and (vi) payments of interest on all Notes are subordinated to the payment on each Distribution Date of other amounts in accordance with the Priority of Payments. Except as provided in Sections 5.5, no payment shall be calculated made by the Co-Issuers hereunder other than on a Distribution Date. So long as any Class A Notes and Class B Notes are Outstanding, any interest due on the basis Class C Notes, the Class D Notes or the Class E Notes which is not available to be paid as a result of a three-hundred-sixty (360)-day year comprised the operation of twelve 30-day monthsthe Priority of Payments on any Distribution Date shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Distribution Date on which such interest is available to be paid in accordance with the Priority of Payments and shall be added to the Aggregate Outstanding Principal Amount of the Class C Notes shall be added to the Aggregate Outstanding Principal Amount of the Class C Notes as Class C Deferred Interest, and, as applicable, shall be added to the Aggregate outstanding Principal Amount of the Class D Notes as Class D Deferred Interest and, as applicable, shall be added to the Aggregate Outstanding Principal Amount of the Class E Notes as Class E Deferred Interest. Furthermore, all interest accrued hereunder Class C Deferred Interest on the Class C Notes of each Class accrued to any Distribution Date shall accrue through the day preceding the Stated Maturity Date and, to the extent that the payment of such interest shall be legally enforceable (except with respect to Deferred Interest), on any overdue payment of bear interest at the Note Interest Rate applicable to the Class C Notes and shall be payable on the first Distribution Date on which funds are permitted to be used for such purpose in accordance with the Priority of Payments. Upon the payment of Class C Deferred Interest previously capitalized as principal, the Aggregate Outstanding Principal Amount of the Class C Notes will be reduced by the amount of such payment. Class D Deferred Interest on the Class D Notes accrued to any Distribution Date shall bear interest at the Note Interest Rate applicable to the Class D Notes and shall be payable on the first Distribution Date on which funds are permitted to be used for such purpose in accordance with the Priority of Payments. Upon the payment of Class D Deferred Interest previously capitalized as principal, the Aggregate Outstanding Principal Amount of the Class D Notes will be reduced by the amount of such payment. Interest will cease to accrue on each Note, or in the case of a partial repayment, on such part, from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee to the Noteholders in accordance with Section 13.03. In making any interest payment, if the interest calculation of repayment or Stated Maturity unless payment of principal is improperly withheld or unless a Default occurs with respect to such payments. To the extent lawful and enforceable, interest shall accrue on any Defaulted Interest on any Note at the applicable Note Interest Rate until paid as provided herein. In the event that any date identified as a Note Distribution Date (other than a Redemption Date or at Stated Maturity) falls on a day other than a Business Day, the Distribution Date shall result in a portion of be deemed to be the next succeeding Business Day and Interest shall accrue on such payment being less for the period from and after any such identified date to such next succeeding Business Day and (i) with respect to any Notes, other than $0.01as set forth in clause (ii) below, then interest shall accrue on such payment shall be decreased for the period from and after any such identified date to such next succeeding Business Day and (ii)(a) with respect to the nearest whole cent, and no subsequent adjustment shall be made Class C-2 Notes interest on Defaulted Interest in respect thereofthereof accruing during the period from the Closing Date to the last day of the Interest Period immediately prior to the Distribution Date in April 2010, (b) with respect to the Class A-1B, Class B-2 and Class C-3 Notes interest on Defaulted Interest in respect thereof accruing during the period from the Closing Date to the last day of the Interest Period immediately prior to the Distribution Date in April 2015, no interest shall accrue on such payment for the period from and after such identified date to such next succeeding Business Day.

Appears in 1 contract

Samples: Taberna Realty Finance Trust

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual PeriodThe principal or redemption price of any Bond shall be payable, upon surrender of such Bond, in any coin or currency of the Notes United States of each Class shall accrue interest on the Outstanding Note Balance thereof America which, at the Note Rate applicable to such Class; providedtime of payment, howeveris legal tender for the payment of public and private debts, that with respect to each Class at the Principal Office of Notes and any Paying Agent, including funds evidenced by wire transfer. Interest on any Bond on each Interest Payment Date in respect thereof shall be payable by check mailed to the address of the person entitled thereto as such address shall appear in the Bond Register; provided that at the written request of the owner of at least $1,000,000 aggregate principal amount of Bonds received by the Bond Registrar at least one Business Day before the corresponding Record Date, interest accrued on the Bonds will be payable by wire transfer within the United States in immediately available funds to the bank account number of such owner specified in such request and entered by the Bond Registrar on the Bond Register; and provided further that interest payable at maturity (or redemption) shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment paid only upon presentation and surrender of such Class of NotesBond. Notwithstanding the foregoingInterest on any Bond which is payable, ifand is punctually paid or duly provided for, on any subsequent Interest Payment Date and with respect shall be paid to each Class the person in whose name that Bond is registered at the close of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest business on the Regular Record Date for such Class interest. Notwithstanding anything herein to the contrary, when any Bond is registered in the name of Notes a Depository or its nominee, the principal and redemption price of and interest on such Bond shall be deemed payable in next day or federal funds delivered or transmitted to have accrued during the immediately preceding Depository or its nominee. Any interest on any Bond which is payable, but is not punctually paid or provided for, on any Interest Accrual Period and Payment Date (herein called "Defaulted Interest") shall forthwith cease to be payable on to the owner of such Payment Date as Note Current Interest. All interest and fees accrued hereunder Bond on the Notes relevant Regular Record Date by virtue of each Class having been such owner, and such Defaulted Interest shall be calculated paid to the person in whose name the Bond is registered at the close of business on a Special Record Date to be fixed by the basis Trustee, such date to be no more than 15 nor fewer than 10 days prior to the date of proposed payment. The Trustee shall cause notice of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day year, except for interest on the Class E-2 Notes, which shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class shall accrue through the day preceding the Stated Maturity Date and, to the extent that the proposed payment of such interest shall Defaulted Interest and the Special Record Date therefor to be legally enforceable (except with respect mailed, first class postage prepaid, to Deferred Interest)each Bondholder at his address as it appears in the Bond Register, on any overdue payment of interest at the Note Rate from the date not fewer than 10 days prior to such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paidSpecial Record Date. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee Subject to the Noteholders foregoing provisions of this Section 2.08, each Bond delivered under this Indenture upon registration of transfer of or exchange for or in accordance with Section 13.03. In making lieu of any other Bond shall carry the rights to interest payment, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased to the nearest whole centaccrued and unpaid, and no subsequent adjustment shall be made in respect thereofto accrue, which were carried by such other Bond.

Appears in 1 contract

Samples: Spurlock Industries Inc

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate applicable to such Class; provided, however, that with respect to each Class of Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Class A-1 Notes of each and the Class A-3 Notes shall be calculated on the basis of the actual number of days elapsed during the related in such Interest Accrual Period and a three-hundred-sixty (360)-day year, except for year and shall accrue on a daily basis through the day preceding the Stated Maturity Date and (to the extent that the payment of such interest shall be legally enforceable) on any overdue payment of interest from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All interest and fees accrued hereunder on the Class E-2 Notes, which A-2 Notes and the Class B Notes shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class months and shall accrue on a daily basis through the day preceding the Stated Maturity Date and, and (to the extent that the payment of such interest shall be legally enforceable (except with respect to Deferred Interest), enforceable) on any overdue payment of interest at the Note Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable in arrears on each Payment Date and shall be paid by the Trustee to the Noteholders in accordance with Section 13.03. In making any interest payment, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such payment shall be decreased to the nearest whole cent, and no subsequent adjustment shall be made in respect thereof.

Appears in 1 contract

Samples: Indenture (Lease Equity Appreciation Fund II, L.P.)

Payment of Principal and Interest; Rights Preserved. (a) For each applicable Interest Accrual Period, the Each Class of Rated Notes of each Class shall accrue interest on the Outstanding Note Balance thereof at the Note Rate during each Interest Period applicable to such Class; provided, however, that with respect to Class in the manner and at the Applicable Periodic Interest Rate specified in Section 2.2. Interest on each Class of Rated Notes and on each Payment Date, interest shall be deemed not to have accrued during the previous Interest Accrual Period on an amount equal to the Impairment of such Class of Notes. Notwithstanding the foregoing, if, on any subsequent Payment Date and with respect to each Class of Notes, no Impairment is allocated to such Class of Notes, all Deferred Interest for such Class of Notes shall be deemed to have accrued during the immediately preceding Interest Accrual Period and be payable on such Payment Date as Note Current Interest. All interest and fees accrued hereunder on the Notes of each Class shall be calculated on the basis of the actual number of days elapsed during the related Interest Accrual Period and a three-hundred-sixty (360)-day year, except for interest on the Class E-2 Notes, which shall be calculated on the basis of a three-hundred-sixty (360)-day year comprised of twelve 30-day months. Furthermore, all interest accrued hereunder on the Notes of each Class shall accrue through the day preceding the Stated Maturity Date and, to the extent that the payment of such interest shall be legally enforceable (except with respect to Deferred Interest), on any overdue payment of interest at the Note Rate from the date such interest becomes due and payable (giving effect to any applicable grace periods herein) until fully paid. All accrued interest shall be due and payable on each Payment Date; provided that (i) interest on the Class A-2 Notes is subordinated in arrears right of payment to the prior payment in full on each Payment Date of the interest due and shall be paid by payable on the Trustee Class A Senior Notes (together with any Defaulted Interest thereon) (ii) interest on the Class B Notes is subordinated in right of payment to the Noteholders prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), (iii) interest on the Class C Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon) and on the Class B Notes (together with any Defaulted Interest thereon), (iv) interest on the Class D Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon) and on the Class C Notes (together with any Defaulted Interest thereon), (v) interest on the Class E Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon) and on the Class D Notes (together with any Defaulted Interest thereon), (vi) interest on the Class F Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon) and on the Class E Notes (together with any Defaulted Interest thereon), (vii) interest on the Class G Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon) and on the Class F Notes (together with any Defaulted Interest thereon), (viii) interest on the Class H Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon) and on the Class G Notes (together with any Defaulted Interest thereon), (ix) interest on the Class J Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon), on the Class G Notes (together with any Defaulted Interest thereon) and on the Class H Notes (together with any Defaulted Interest thereon), (x) interest on the Class K Notes is subordinated in right of payment to the prior payment in full on each Payment Date of the interest due and payable on the Class A Notes (together with any Defaulted Interest thereon), on the Class B Notes (together with any Defaulted Interest thereon), on the Class C Notes (together with any Defaulted Interest thereon), on the Class D Notes (together with any Defaulted Interest thereon), on the Class E Notes (together with any Defaulted Interest thereon), on the Class F Notes (together with any Defaulted Interest thereon), on the Class G Notes (together with any Defaulted Interest thereon), on the Class H Notes (together with any Defaulted Interest thereon) and on the Class J Notes (together with any Defaulted Interest thereon) and (xi) interest on all Rated Notes is subordinated in right of payment to the prior payment in full on each Payment Date of other amounts in accordance with Section 13.0311.1. In making Payments of interest on the Class A Senior Notes (including any interest paymentDefaulted Interest) and Class A-R Commitment Fee will be paid on a pro rata basis between the Class A-1 Notes and the Class A-R Notes based on amount due. Except as provided in Section 5.5, if the interest calculation with respect to a Note shall result in a portion of such payment being less than $0.01, then such no payment shall be decreased made by the Co-Issuers hereunder other than on a Payment Date. So long as any Class A Notes or Class B Notes are Outstanding, any Class C Applicable Periodic Interest Shortfall Amount shall be deferred and added to the nearest whole centthen Aggregate Outstanding Amount of the Class C Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class C Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, and no subsequent adjustment Class B Notes or Class C Notes are Outstanding, any Class D Applicable Periodic Interest Shortfall Amount shall be made deferred and added to the then Aggregate Outstanding Amount of the Class D Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class D Applicable Periodic Interest Shortfall Amount in respect thereofaccordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes or Class D Notes are Outstanding, any Class E Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class E Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class E Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes or Class E Notes are Outstanding, any Class F Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class F Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class F Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes or Class F Notes are Outstanding, any Class G Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class G Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class G Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes or Class G Notes are Outstanding, any Class H Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class H Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class H Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes, Class G Notes or Class H Notes are Outstanding, any Class J Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class J Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class J Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1. So long as any Class A Notes, Class B Notes, Class C Notes, Class D Notes, Class E Notes, Class F Notes, Class G Notes, Class H Notes or Class J Notes are Outstanding, any Class K Applicable Periodic Interest Shortfall Amount shall be deferred and added to the then Aggregate Outstanding Amount of the Class K Notes and shall not be considered “due and payable” for the purposes of Section 5.1(a) until the Payment Date on which funds are available to pay such Class K Applicable Periodic Interest Shortfall Amount in accordance with Section 11.1.

Appears in 1 contract

Samples: Indenture (Northstar Realty)

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