Payment of Subordinated Notes. Payment of the principal and interest payable on the date of maturity of any Subordinated Note will be made by wire transfer in immediately available funds to a bank account in the United States designated by the holder, upon presentation and surrender of such Subordinated Note at the office of the Fiscal and Paying Agent in Wilmington, Delaware, or at such other place or places as the Fiscal and Paying Agent shall designate by notice to the holder, provided that such Subordinated Note is presented to the Fiscal and Paying Agent in time for the Fiscal and Paying Agent to make such payments in such funds in accordance with its normal procedures. Payments of interest (other than interest payable on the date of maturity) will be made by check or by wire transfer in immediately available funds to the person entitled thereto, as such person’s address appears on the Security Register. The Fiscal and Paying Agent shall have no obligation to use its own funds for any such payment or for any other purpose pursuant to this Agreement.
Payment of Subordinated Notes. (a) Payments of principal, premium, if any, and interest payable at the Date of Maturity will be made by wire transfer in immediately available funds to the bank accounts in the United States designated by the holders of the Subordinated Notes, provided that the Subordinated Notes are presented to the Fiscal and Paying Agent at its corporate trust office in The City of New York (or at such other place or places as the Fiscal and Paying Agent shall designate by notice to the holders of the Subordinated Notes) in time for the Fiscal and Paying Agent to make such payments in such funds in accordance with its normal procedures.
(b) Payments of interest (other than interest payable at Date of Maturity) will be made on June 15 and December 15 of each year, commencing on June 15, 2007 to the holders of the Subordinated Notes entitled thereto as of the close of business on June 1 and December 1, as the case may be (whether or not such day is a “Business Day” (as that term is defined in the Form of Global Subordinated Note attached as Exhibit A hereto)) (each such date, a “Regular Record Date” next preceding each such interest payment date, by wire transfer of immediately available funds to the bank accounts in the United States designated by such holders in a written notice received by the Fiscal and Paying Agent not later than the applicable Regular Record Date.
(c) The Fiscal and Paying Agent is authorized and will pay any Subordinated Note duly presented for payment as provided in paragraph (a) of this Section 3.1 as long as the Global Subordinated Note representing such Subordinated Note has been authenticated by one of the Fiscal and Paying Agent’s officers who was duly designated and authorized for such purpose at the time of such authentication, notwithstanding that said officer is no longer so designated or the authority of said officer has been terminated between the time of execution and the time of payment.
(d) The Fiscal and Paying Agent shall have no obligation to use its own funds for any payment of principal, premium, if any, or interest on the Subordinated Notes or for any other purpose pursuant to this Agreement.
Payment of Subordinated Notes. Payment of the principal and interest payable on the date of maturity of any Subordinated Note will be made (i) in the case of the Global Subordinated Notes, through the facilities of DTC, or (ii) in the case of the Certificated Subordinated Notes, by check mailed to the registered holder at the address of such holder as it appears on the Security Register or, at the option of the Issuer, by wire transfer in immediately available funds to a bank account in the United States designated by the holder, in each case upon presentation and surrender of such Subordinated Note at the office of the Fiscal and Paying Agent in Wilmington, Delaware, or at such other place or places as the Fiscal and Paying Agent shall designate by notice to the holder, provided that such Subordinated Note is presented to the Fiscal and Paying Agent in time for the Fiscal and Paying Agent to make such payments in such funds in accordance with its normal procedures. Payments of interest will be made through the facilities of DTC, in the case of the Global Subordinated Notes, or, with respect to the Certificated Subordinated Notes, by check mailed to the holder at the address of such holder as it appears on the Security Register. The Fiscal and Paying Agent shall have no obligation to use its own funds for any such payment or for any other purpose pursuant to this Agreement.
Payment of Subordinated Notes. Neither Borrower nor any Subsidiary shall (i) pre-pay, redeem or purchase any Subordinated Notes or (ii) make any offer to pre-pay, redeem or purchase any Subordinated Notes; provided that this Section 8.2(p) shall not prohibit the conversion of the Subordinated Notes into common stock of Borrower or payment of the Subordinated Notes through the use of proceeds from the issuance, after the effective date hereof, of common stock of Borrower.
Payment of Subordinated Notes. The Company shall pay or cause to be paid the principal of, interest and premium, if any, on the Subordinated Notes on the dates and in the manner provided in the Subordinated Notes. Principal, premium, if any, and interest shall be considered paid on the applicable date due if the Paying Agent, if other than the Company or a Subsidiary thereof, holds as of 10:00 a.m. Eastern Time on the due date money deposited by the Company in immediately available funds and designated for and sufficient to pay all principal, premium, if any, and interest then due. 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. The Company shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 2% per annum in excess of the then applicable interest rate on the Subordinated Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Liquidated Damages or any other premiums, if any, at the same rate to the extent lawful.
Payment of Subordinated Notes. The Issuer will pay or cause to be paid the principal of, premium on, if any, accrued and unpaid interest (including Arrears of Interest) and Additional Amounts, if any, on, the Subordinated Notes on the dates and in the manner provided in the Subordinated Notes and this Indenture. Principal, premium, if any, accrued and unpaid interest (including Arrears of 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 due date money deposited by the Issuer in immediately available funds and designated for and sufficient to pay all principal, premium, if any, and accrued and unpaid interest (including Arrears of Interest) and Additional Amounts, if any, then due. If the Issuer or any of the Issuer’s Subsidiaries acts as Paying Agent, principal, premium, if any, accrued and unpaid interest (including Arrears of Interest) and Additional Amounts, if any, shall be considered paid on the due date if the entity acting as Paying Agent complies with Section 4.04. Subject to actual receipt of such funds as provided by this Section 4.01 by the designated Paying Agent, such Paying Agent shall make payments on the Subordinated Notes in accordance with the provisions of this Indenture.
Payment of Subordinated Notes. 19 Section 5.02 Maintenance of Office or Agency ............................ 19 Section 5.03 Reports .................................................... 20 Section 5.04
Payment of Subordinated Notes. The Authority shall pay or cause to be paid the principal of, premium, if any, and interest on the Subordinated Notes on the dates and in the manner provided in the Subordinated Notes. Principal, premium, if any, and interest shall be considered paid on the date due if the Paying Agent, if other than the Authority, holds as of 10:00 a.m. Eastern Time on the due date money deposited by the Authority in immediately available funds and designated for and sufficient to pay all principal, premium, if any, and interest then due. The Authority shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the rate equal to 1% per annum in excess of the then applicable interest rate on the Subordinated Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace period) at the same rate to the extent lawful.
Payment of Subordinated Notes. Subject in all respects to the provisions of the Subordination Agreements and the Loan Agreement, and only after payment in full of the Back Payment Amounts, the Company shall begin payment of the Subordinated Notes at such time as any payments are made thereafter by the Company against the AOS Loan, (with payments against the Subordinated Notes and the AOS Loan being made pro rata based on relative account balances); provided, however, that any such payments shall only be made from positive operating cash flow of the Company determined in accordance with GAAP; and provided, further, that nothing herein shall prevent payments by the Company against the AOS Loan before payment in full of the Back Payment Amounts or from funds other than positive operating cash flow of the Company.
Payment of Subordinated Notes. The Issuer shall pay the principal of (and premium, if any) and interest on the Subordinated Notes pursuant to the provisions of this Indenture and any applicable Supplement. Principal and interest shall be considered paid on the date due if the Subordinated Note Paying Agent holds on that date money designated for and sufficient to pay all principal and interest then due.
