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

Payment of Securities on Default; Suit Therefor. (a) In case default shall be made in the payment of (i) any installment of interest upon any Securities of any series as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d)), and such default shall have continued for a period of 30 days, or (ii) the principal of any of the Securities of such series as and when the same shall have become due and payable, by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of the Securities of such series, the whole amount that then shall have become due and payable on all such Securities for Principal or interest, or any combination thereof, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest, at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and, in addition, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agent, attorneys and counsel.

Payment of Securities on Default; Suit Therefor. (a) In case default shall be made in the payment of (i) any installment of interest upon any Securities of any series as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (ii) the principal of any of the Securities of such series as and when the same shall have become due and payable, by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of the Securities of such series, the whole amount that then shall have become due and payable on all such Securities for Principal or interest, or any combination thereof, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest, at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and, in addition, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agent, attorneys and counsel.

Payment of Securities on Default; Suit Therefor. The Company covenants that (a) In in case default shall be made in the payment of (i) any installment of interest upon any of the Securities of any series as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) in case default shall be made in the payment of the principal of or premium, if any, on any of the Securities of such series as and when the same shall have become due and payable, whether at maturity of the Securities or upon redemption or by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders holders of the Securities of such seriesSecurities, the whole amount that then shall have become due and payable on all such Securities for Principal principal and premium, if any, or interest, or any combination thereofboth, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by Firstar Capital Trust or a trustee of such trust, without duplication of any other amounts paid by Firstar Capital Trust or a trustee in respect thereof) upon the overdue installments of interest, interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including a reasonable compensation, expenses, disbursements and advances of compensation to the Trustee, its agentagents, attorneys and counsel., and any expenses or liabilities incurred by the Trustee hereunder other than through its negligence or bad faith. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee, in its own name and as

Payment of Securities on Default; Suit Therefor. (a) In case default shall be made in the payment of (i) any installment of interest upon any of the Securities of any series as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (ii) the principal of or any premium on any of the Securities of such series as and when the same shall have become due and payablepayable whether at Maturity of the Securities, by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders holders of the Securities of such seriesSecurities, the whole amount that then shall have become due and payable on all such Securities for Principal principal, premium or interest, or any combination thereof, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and premium and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest, at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and, in addition, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agentagents, attorneys and counsel.

Payment of Securities on Default; Suit Therefor. The ------------------------------------------------- Company covenants that (a) In in case default shall be made in the payment of (i) any installment of interest upon on any Securities of any series the Notes, as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) in case default shall be made in the payment of principal of any of the Securities of such series Notes, as and when the same shall have become due and payable, by whether upon maturity of the Notes or upon declaration as authorized by this Indenture or otherwise, then, then upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of the Securities of such seriesHolders, the whole amount that then shall have become due and payable on all such Securities of the Notes, for Principal principal or interest, or any combination thereofif any, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and (to the extent that payment of such interest is enforceable under applicable law) ), upon the overdue installments of interest, if any, at the same rate borne by as the Securities rate of such series or Yield to Maturity (interest specified in the case of Original Issue Discount Securities)Notes; and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of compensation to the Trustee, its agentagents, attorneys and counsel, and all other reasonable expenses and liabilities incurred, and all advances made, by the Trustee except as a result of its negligence or bad faith.

Payment of Securities on Default; Suit Therefor. The Company covenants that (a) In in case default shall be made in the payment of (i) any installment of interest upon on any Securities of any series the Debentures, as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) in case default shall be made in the payment of principal of any of the Securities of such series Debentures, as and when the same shall have become due and payable, by whether upon maturity of the Debentures or upon declaration as authorized by this Indenture or otherwise, then, then upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of the Securities of such seriesHolders, the whole amount that then shall have become due and payable on all such Securities of the Debentures, for Principal principal or interest, or any combination thereofif any, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and (to the extent that payment of such interest is enforceable under applicable law) ), upon the overdue installments of interest, if any, at the same rate borne by as the Securities rate of such series or Yield to Maturity (interest specified in the case of Original Issue Discount Securities)Debentures; and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of compensation to the Trustee, its agentagents, attorneys and counsel, and all other reasonable expenses and liabilities incurred, and all advances made, by the Trustee except as a result of its negligence, bad faith or willful misconduct.

Payment of Securities on Default; Suit Therefor. The Company covenants that (a) In in case default shall be made in the payment of (i) any installment of interest upon on any Securities of any series the Notes, as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) in case default shall be made in the payment of principal of any of the Securities of such series Notes, as and when the same shall have become due and payable, by whether upon maturity of the Notes or upon declaration as authorized by this Indenture or otherwise, then, then upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders of the Securities of such seriesHolders, the whole amount that then shall have become due and payable on all such Securities of the Notes, for Principal principal or interest, or any combination thereofif any, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and (to the extent that payment of such interest is enforceable under applicable law) ), upon the overdue installments of interest, if any, at the same rate borne by as the Securities rate of such series or Yield to Maturity (interest specified in the case of Original Issue Discount Securities)Notes; and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of compensation to the Trustee, its agentagents, attorneys and counsel, and all other reasonable expenses and liabilities incurred, and all advances made, by the Trustee except as a result of its negligence or bad faith.

Payment of Securities on Default; Suit Therefor. The Company covenants that (a) In in case default shall be made in the payment of (i) any installment of interest upon any of the Securities of any series as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) in case default shall be made in the payment of the principal of or premium, if any, on any of the Securities of such any series as and when the same shall have become due and payable, whether at maturity of the Securities of this series or upon redemption or by declaration as authorized by this Indenture or otherwise, otherwise - then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders holders of the Securities of such that series, the whole amount that then shall have become due and payable on all such Securities of that series for Principal principal and premium, if any, or interest, or any combination thereofboth, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest, interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities)) borne by the Securities of that series; and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including a reasonable compensation, expenses, disbursements and advances of compensation to the Trustee, its agentagents, attorneys and counsel, and any expenses or liabilities incurred by the Trustee hereunder other than through its negligence or bad faith.

Payment of Securities on Default; Suit Therefor. The Company covenants that (a) In in case default shall be made in the payment of (i) any installment of interest upon any of the Securities of any series as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) in case default shall be made in the payment of the principal of or premium, if any, on any of the Securities of such series as and when the same shall have become due and payable, whether at maturity of the Securities or upon prepayment or by declaration as authorized by this Indenture of acceleration of maturity or otherwise, then, upon demand of the Trustee, the Company will pay to the Trustee, for the benefit of the Holders holders of the Securities of such seriesSecurities, the whole amount that then shall have become due and payable on all such Securities for Principal principal and premium, if any, or interest, or any combination thereofboth, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by Trenwick Capital Trust I or a trustee of such trust, without duplication of any other amounts paid by Trenwick Capital Trust I or a trustee in respect thereof) upon the overdue installments of interest, interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including a reasonable compensation, expenses, disbursements and advances of compensation to the Trustee, its agentagents, attorneys and counsel, and any expenses or liabilities incurred by the Trustee hereunder other than through its negligence or bad faith.

Payment of Securities on Default; Suit Therefor. The Corporation covenants that (a) In in case default shall be made in the payment of (i) any installment of interest upon any of the Securities of any series as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) in case default shall be made in the payment of the principal of or premium, if any, on any of the Securities of such series as and when the same shall have become due and payable, whether at maturity of the Securities or upon redemption or by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company Corporation will pay to the Trustee, for the benefit of the Holders holders of the Securities of such seriesSecurities, the whole amount that then shall have become due and payable on all such Securities for Principal principal and premium, if any, or interest, or any combination thereofboth, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and premium, if any, and (to the extent that payment of such interest is enforceable under applicable lawlaw and, if the Securities are held by Peoples Heritage Capital Trust or a trustee of such trust, without duplication of any other amounts paid by Peoples Heritage Capital Trust or a trustee in respect thereof) upon the overdue installments of interest, interest at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities); and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including a reasonable compensation, expenses, disbursements and advances of compensation to the Trustee, its agentagents, attorneys and counsel, and any expenses or liabilities incurred by the Trustee hereunder other than through its negligence or bad faith.

Payment of Securities on Default; Suit Therefor. The Issuer covenants that (a) In case if default shall be made in the payment of (i) any installment of interest upon any of the Securities of any series then Outstanding as and when the same shall become due and payable (after giving effect to any deferral period applicable to the Securities of such series established pursuant to Section 2.03(d))payable, and such default shall have continued for a period of 30 days, or (iib) if default shall be made in the payment of the principal of any of the Securities of such series as and when the same shall have become due and payable, whether at maturity of the Securities of such series or upon redemption or by declaration as authorized by this Indenture or otherwise, then, upon demand of the Trustee, the Company Issuer will pay to the Trustee, for the benefit of the Holders of the Securities of such seriesSecurities, the whole amount that then shall have become due and payable on all such Securities of such series for Principal principal or interest, if any, or any combination thereofboth, as the case may be, with interest upon the portion of the overdue Principal that consists of principal and (to the extent that payment of such interest is enforceable under applicable law) upon the overdue installments of interest, if any, at the rate borne by the Securities of such series or Yield to Maturity (in the case of Original Issue Discount Securities)series; and, in additionaddition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including reasonable compensation, expenses, disbursements and advances of the Trustee, its agent, attorneys and counsel.the