Common use of Payment of Senior Notes Clause in Contracts

Payment of Senior Notes. The Company shall pay the principal of, and premium, if any, and accrued and unpaid interest on the Senior Notes on the dates and in the manner provided in the Senior Notes. Holders of Senior Notes must surrender their Senior Notes to the Paying Agent to collect principal pal payments. Principal of, premium, if any, and accrued and unpaid interest, and Liquidated Damages, if any, shall be considered paid on the date due if the Paying Agent (other than the Company or any of its Subsidiaries ), the Global Senior Note Holder or each Holder that has specified an account, holds, as of 10:00 a.m. New York City time, money the Company deposited in immediately available funds designated for and sufficient to pay in cash all principal, premium, if any, and accrued and unpaid interest on, and Liquidated Damages, if any, then due; provided that, to the extent that the Holders have not specified accounts, such amounts shall be considered paid on the date due if the Company mails a check for such amounts on such date. The Paying Agent shall return to the Company, no later than five days following the date of payment, any money (including accrued interest) that exceeds the amount of principal, premium, if any, accrued and unpaid interest, and Liquidated Damages, if any, paid on the Senior Notes. The Company shall pay all Liquidated Damages, if any, in the same manner on the dates and in the amounts set forth in the Registration Rights Agreement. If any Liquidated Damages become payable, the Company shall not later than three Business Days prior to the date that any payment of Liquidated Damages is due (i) deliver an Officers' Certificate to the Trustee setting forth the amount of Liquidated Damages payable to Holders and (ii) instruct the Paying Agent to pay such amount of Liquidated Damages to Holders entitled to receive such Liquidated Damages. To the extent lawful, the Company shall pay interest (including Post- Petition Interest) on (i) overdue principal and premium at the then applicable interest rate on the Senior Notes, compounded semiannually and (ii) over due installments of interest and Liquidated Damages (without regard to any applicable grace period) at the same rate as set forth in clause (i), compounded semiannually. To the extent any payment on the Senior Notes, whether by or on behalf of the Company, as proceeds of security or enforcement of any right of setoff or otherwise, is declared to be fraudulent or preferential, set aside or required to be paid to a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law, then if such payment is recovered by, or paid over to, such trustee, receiver or other similar party, the Senior Notes or part thereof originally intended to be satisfied by such payment shall be deemed to be reinstated and outstanding as if such payment had not occurred.

Appears in 1 contract

Samples: Jordan Telecommunication Products Inc

AutoNDA by SimpleDocs

Payment of Senior Notes. The Company shall pay the principal of, and premium, if any, and accrued and unpaid interest on on, and Liquidated Damages, if any, with respect to, the Senior Notes on the dates and in the manner provided in the Senior Notes. Holders of Senior Notes must surrender their Senior Notes to the Paying Agent to collect principal pal payments. Principal of, premium, if any, and accrued and unpaid interestinterest on, and Liquidated Damagesdamages, if any, with respect to, the Senior Notes shall be considered paid on the date due if the Paying Agent (other than the Company or any of its Subsidiaries Subsidiaries), the Global Senior Note Holder or each Holder that has specified an account, holds, as of 10:00 a.m. New York City time, money the Company deposited in immediately available funds designated for and sufficient to pay in cash all principal, premium, if any, and accrued and unpaid interest on, and Liquidated Damages, if any, then due; provided that, to the extent that the Holders have not specified accounts, such amounts shall be considered paid on the date due if the Company mails a check for such amounts on such date. The Paying Agent shall return to the Company, no later than five days following the date of payment, any money (including accrued interest) that exceeds the amount of principal, premium, if any, and accrued and unpaid interest, paid on, and Liquidated Damages, if any, paid on with respect to, the Senior Notes. The Company shall pay all Liquidated Damages, if any, in the same manner on the dates and in the amounts set forth in the Registration Rights Agreement. If any Liquidated Damages become payable, the Company shall not later than three Business Days days prior to the date that any payment of Liquidated Damages is due (i) deliver an any Officers' Certificate to the Trustee setting forth the amount of Liquidated Damages payable to Holders and (ii) instruct the Paying paying Agent to pay such amount of Liquidated Damages to Holders entitled to receive such Liquidated Damages. To the extent lawful, the Company shall pay interest (including Post- Petition Interest) on (i) overdue principal and premium at the rate equal to 2% per annum in excess of the then applicable interest rate on the Senior Notes, compounded semiannually and (ii) over due overdue installments of interest and Liquidated Damages (without regard to any applicable grace period) at the same rate as set forth in clause (i), compounded semiannually. To the extent any payment on the Senior Notes, whether by or on behalf of the Company, as proceeds of security or enforcement of any right of setoff or otherwise, is declared to be fraudulent or preferential, set aside or required to be paid to a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law, then if such payment is recovered by, or paid over to, such trustee, receiver or other similar party, the Senior Notes or part thereof originally intended to be satisfied by such payment shall be deemed to be reinstated and outstanding as if such payment had not occurred.

Appears in 1 contract

Samples: Ameriking Inc

Payment of Senior Notes. The Company shall pay the principal of, and premium, if any, and accrued and unpaid interest on the Senior Notes on the dates and in the manner provided in the Senior Notes. Holders of Senior Notes must surrender their Senior Notes to the Paying Agent to collect principal pal payments. Principal of, premium, if any, and accrued and unpaid interest, and Liquidated Damages, if any, shall be considered paid on the date due if the Paying Agent (other than the Company or any of its Subsidiaries Subsidiaries), the Global Senior Note Holder or each Holder that has specified an account, holds, as of 10:00 a.m. New York City time, money the Company deposited in immediately available funds designated for and sufficient to pay in cash all principal, premium, if any, and accrued and unpaid interest on, and Liquidated Damages, if any, then due; provided that, to the extent that the Holders have not specified accounts, such amounts shall be considered paid on the date due if the Company mails a check for such amounts on such date. The Paying Agent shall return to the Company, no later than five days following the date of payment, any money (including accrued interest) that exceeds the amount of principal, premium, if any, accrued and unpaid interest, and Liquidated Damages, if any, paid on the Senior Notes. The Company shall pay all Liquidated Damages, if any, in the same manner on the dates and in the amounts set forth in the Registration Rights Agreement. If any Liquidated Damages become payable, the Company shall not later than three 3 Business Days prior to the date that any payment of Liquidated Damages is due (i) deliver an Officers' Certificate to the Trustee setting forth the amount of Liquidated Damages payable to Holders and (ii) instruct the Paying Agent to pay such amount of Liquidated Damages to Holders entitled to receive such Liquidated Damages. To the extent lawful, the Company shall pay interest (including Post- Petition Interest) on (i) overdue principal and premium at the rate equal to 2% per annum in excess of the then applicable interest rate on the Senior Notes, compounded semiannually and (ii) over due overdue installments of interest and Liquidated Damages (without regard to any applicable grace period) at the same rate as set forth in clause (i), compounded semiannually. To the extent any payment on the Senior Notes, whether by or on behalf of the Company, as proceeds of security or enforcement of any right of setoff or otherwise, is declared to be fraudulent or preferential, set aside or required to be paid to a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law, then if such payment is recovered by, or paid over to, such trustee, receiver or other similar party, the Senior Notes or part thereof originally intended to be satisfied by such payment shall be deemed to be reinstated and outstanding as if such payment had not occurred.

Appears in 1 contract

Samples: Motors & Gears Inc

AutoNDA by SimpleDocs

Payment of Senior Notes. The Company shall Issuer will pay or cause to be paid the principal of, and premiumpremium on, if any, interest and accrued and unpaid interest on Additional Amounts, if any, on, the Senior Notes on the dates and in the manner provided in the Senior Notes. Holders of Notes and this Senior Notes must surrender their Senior Notes Indenture. Principal, premium, if any, interest and Additional Amounts, if any, will be considered paid on the date due if the Paying Agent, if other than the Issuer or a Subsidiary of the Issuer, holds as of 10:00 a.m. London Time one Business Day prior to the Paying Agent due date money deposited by the Issuer in immediately available funds and designated for and sufficient to collect principal pal payments. Principal ofpay all principal, premium, if any, and accrued interest and unpaid interestAdditional Amounts, if any, then due. If the Issuer or any of its Subsidiaries acts as Paying Agent, principal, premium, if any, interest and Liquidated DamagesAdditional Amounts, if any, shall be considered paid on the due date due if the entity acting as Paying Agent (other than the Company or any of its Subsidiaries )complies with Section 2.16 hereof Principal of, the Global Senior Note Holder or each Holder that has specified an accountinterest, holds, as of 10:00 a.m. New York City time, money the Company deposited in immediately available funds designated for premium and sufficient to pay in cash all principal, premiumAdditional Amounts, if any, on the Senior Notes will be payable at the corporate trust office or agency of the Principal Paying Agent maintained in London, for such purposes. All payments on the Global Notes will be made by transfer of immediately available funds to an account of the Holder of the Global Notes in accordance with instructions given by that Holder. Principal of, interest, premium and accrued and unpaid interest on, and Liquidated DamagesAdditional Amounts, if any, then due; provided thaton 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 hereof. In addition, interest on Definitive Registered Notes may be paid by check mailed to the extent that the Holders have not specified accounts, such amounts shall be considered paid person entitled thereto as shown on the date due if the Company mails a check Register for such amounts on such date. The Paying Agent shall return to the Company, no later than five days following the date of payment, any money (including accrued interest) that exceeds the amount of principal, premium, if any, accrued and unpaid interest, and Liquidated Damages, if any, paid on the Senior Definitive Registered Notes. The Company shall pay all Liquidated Damages, if any, in the same manner on the dates and in the amounts set forth in the Registration Rights Agreement. If any Liquidated Damages become payable, the Company shall not later than three Business Days prior to the date that any payment of Liquidated Damages is due (i) deliver an Officers' Certificate to the Trustee setting forth the amount of Liquidated Damages payable to Holders and (ii) instruct the Paying Agent to pay such amount of Liquidated Damages to Holders entitled to receive such Liquidated Damages. To the extent lawful, the Company shall Issuer will pay interest (including Post- Petition Interestpost-petition interest in any proceeding under any Bankruptcy Law) on (i) overdue principal and premium at a rate that is 1% per annum higher than the then applicable interest rate on the Senior Notes, compounded semiannually and Notes to the extent lawful. The Issuer will pay interest (iiincluding post- petition interest in any proceeding under any Bankruptcy Law) over due installments on overdue instalments of interest and Liquidated Damages Additional Amounts, if any (without regard to any applicable grace period) ), at the same rate as set forth in clause (i), compounded semiannually. To to the extent any payment on the Senior Notes, whether by or on behalf of the Company, as proceeds of security or enforcement of any right of setoff or otherwise, is declared to be fraudulent or preferential, set aside or required to be paid to a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law, then if such payment is recovered by, or paid over to, such trustee, receiver or other similar party, the Senior Notes or part thereof originally intended to be satisfied by such payment shall be deemed to be reinstated and outstanding as if such payment had not occurredlawful.

Appears in 1 contract

Samples: IHS Holding LTD

Time is Money Join Law Insider Premium to draft better contracts faster.