Payment on Notes. (a) The principal of, the Premium, if any, interest on, and any other amounts payable with respect to, the Notes shall be payable at the principal office of Indenture Trustee, in lawful money of the United States of America without surrender or presentation of such Note and without any notation being made thereon. The Holder (or the Person for whom such Holder is a nominee) will, before selling, transferring or otherwise disposing of such Note, present such Note to Indenture Trustee for transfer and notation as provided in Section 2.4. Any payment or prepayment of amounts due on the Notes in accordance with the terms thereof and hereof which is due on a date that is not a Business Day shall be payable, at the election of Nonaffiliated Partner Trustee, on the next following Business Day without penalty or reduction of, or increase in, the amount of interest that is payable thereon. (b) Notwithstanding Section 2.8(a), if any Note is held by the original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, Indenture Trustee shall, if requested in writing by such Holder, pay interest on such Note and pay or prepay the principal thereof and the Premium, if any, thereon and shall pay all other amounts due with respect to such Note, by check, duly mailed, by first-class mail, postage prepaid, or delivered to such Holder at its address appearing on the Register. Upon written notice from any Holder that is an original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, which notice shall be given not less than 30 days before the payment or prepayment of the Notes (and Section 2.16 shall constitute such written notice and wire transfer instructions until otherwise designated in the case of the Note Purchasers), Indenture Trustee will pay interest on such Note and pay or prepay the principal thereof and the Premium, if any thereon, by wire transfer of immediately available funds to such institution in the continental United States as such Holder may designate in such notice, such wire transfers to be made on each date on which such payment or prepayment is due if, and only so long as, such institution has facilities for the receipt of a wire transfer. Indenture Trustee will transmit any such wire transfer from its offices not later than 1:00 p.m. (New York time) on each date on which payment or prepayment is due if, and only so long as, available funds therefor have been received by Indenture Trustee by 11:00 a.m. (New York time) on such date or, if Indenture Trustee has not received such available funds, Indenture Trustee will transmit such wire transfer promptly upon receipt of such available funds. (c) A Holder shall have no further interest in, or other right with respect to, the Indenture Estate when and if the principal amount of, Premium, if any, and interest on all Notes held by such Holder and all other sums payable to such Holder and secured hereunder are paid in full.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Bj Services Co)
Payment on Notes. (a) The Company shall use its best efforts to provide to the Paying Agent, in immediately available funds on or prior to 10:00 a.m., New York time, on each Interest Payment Date or the applicable Maturity Date or Redemption Date, such amount, in U.S. dollars, as is necessary to make such payment as is due, and the Company hereby authorizes and directs the Paying Agent from funds so provided to it to make or cause to be made payment of the principal of, the Premium, if any, of and interest on, and any other amounts payable Make-Whole Amount with respect to, the Notes shall be payable in the manner, at the principal office of Indenture Trustee, times and for the purposes set forth herein and in lawful money the text of the United States Notes; provided that any payment of America without surrender or presentation of such Note and without any notation being made thereon. The Holder (or the Person for whom such Holder is a nominee) will, before selling, transferring or otherwise disposing of such Note, present such Note to Indenture Trustee for transfer and notation as provided in Section 2.4. Any payment or prepayment of amounts due interest on the Notes may be made on the Payment Date by check mailed to the Noteholders as of the close of business on the relevant Record Date. Payments of interest on or principal of, and any Make-Whole Amount with respect to, the Notes may be made, in accordance the case of a Noteholder of at least $5,000,000 aggregate principal amount of Notes, by electronic funds transfer providing immediately available funds on the Payment Date to an account maintained by the payee with a bank if such Noteholder so elects by giving written notice to the terms thereof Paying Agent, not less than 15 days prior to the date on which such payments are scheduled to be made, of such election and hereof of the account to which payment is due on to be made. Unless such designation is revoked not less than 15 days prior to a date that is not a Business Day Payment Date, any such designation made by such Noteholder with respect to such Notes shall be payable, remain in effect with respect to any future payments with respect to the Notes payable to such Noteholder. The Company shall pay any reasonable administrative costs in connection with making any such payments. Any monies held in respect of the Notes remaining unclaimed at the election end of Nonaffiliated Partner Trusteetwo years after such amounts shall have become payable (whether at the Maturity Date, Redemption Date or otherwise) and monies sufficient therefor shall have been duly made available for payment shall, together with any interest made available for payment thereon, be repaid to the Company upon written request and upon such repayment all liability of the Fiscal Agent with respect thereto shall cease, without, however, limiting in any way any obligation the Company may have to pay principal of and interest on the next following Business Day without penalty or reduction of, or increase in, the amount of interest that is payable thereonNotes and any Make-Whole Amount.
(b) Notwithstanding Section 2.8(a)Interest will continue to accrue at (i) the Stated Rate on any unpaid principal, if and (ii) to the extent permitted by applicable law, the Default Rate on any Note payment of interest which is held by the original Note Purchaser, a permitted successor not punctually paid or assign that is an institutional investor or a nominee thereof, Indenture Trustee shall, if requested in writing by such Holder, pay interest on such Note and pay or prepay the principal thereof and the Premium, if any, thereon and shall pay all other amounts due with respect to such Note, by check, duly mailed, by first-class mail, postage prepaid, or delivered to such Holder at its address appearing provided for on the Register. Upon written notice from any Holder that is an original Note Purchaserapplicable Interest Payment Date, a permitted successor or assign that is an institutional investor or a nominee thereofin each case to, which notice shall be given but not less than 30 days before including, the payment or prepayment date of the Notes (and Section 2.16 shall constitute such written notice and wire transfer instructions until otherwise designated in the case of the Note Purchasers), Indenture Trustee will pay interest on such Note and pay or prepay the principal thereof and the Premium, if any thereon, by wire transfer of immediately available funds to such institution in the continental United States as such Holder may designate in such notice, such wire transfers to be made on each date on which such payment or prepayment is due if, and only so long as, such institution has facilities for the receipt of a wire transfer. Indenture Trustee will transmit any such wire transfer from its offices not later than 1:00 p.m. (New York time) on each date on which payment or prepayment is due if, and only so long as, available funds therefor have been received by Indenture Trustee by 11:00 a.m. (New York time) on such date or, if Indenture Trustee has not received such available funds, Indenture Trustee will transmit such wire transfer promptly upon receipt of such available fundsactual payment.
(c) A Holder The Company shall have no further require each Paying Agent other than the Fiscal Agent to agree in writing that the Paying Agent will hold in trust for the benefit of Noteholders or the Fiscal Agent all money held by the Paying Agent for the payment of principal of or interest inon, or other right the Make-Whole Amount with respect to, the Indenture Estate when and if the principal amount of, Premium, if anyNotes, and interest on will notify the Fiscal Agent of any failure by the Company to make any such payment. Until any such failure has been remedied, the Fiscal Agent may require a Paying Agent to pay all Notes money held by it to the Fiscal Agent. In the event the Company wishes to terminate the Fiscal Agent's appointment as Paying Agent, the Company shall provide 30 days' prior written notice to the Fiscal Agent that the Fiscal Agent's appointment to act as Paying Agent is so terminated and the Fiscal Agent may rely on such Holder and notice. The Company at any time may require a Paying Agent to pay all other sums payable money held by the Paying Agent to such Holder and secured hereunder are paid in fullthe Fiscal Agent. Upon doing so the Paying Agent shall have no further liability for the money so paid.
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Payment on Notes. (a) The principal of, the Premium, if any, interest on, and any other amounts payable with respect to, the Notes shall be payable at the principal office of Indenture Trustee, in lawful money of the United States of America without surrender or presentation of such Note and without any notation being made thereon. The Holder (or the Person for whom such Holder is a nominee) will, before selling, transferring or otherwise disposing of such Note, present such Note to Indenture Trustee for transfer and notation as provided in Section 2.4. Any payment or prepayment of amounts due on the Notes in accordance with the terms thereof and hereof which is due on a date that is not a Business Day shall be payable, at the election of Nonaffiliated Partner Trustee, on the next following Business Day without penalty or reduction of, or increase in, the amount of interest that is payable thereon.or
(b) Notwithstanding Section 2.8(a), if any Note is held by the original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, Indenture Trustee shall, if requested in writing by such Holder, pay interest on such Note and pay or prepay the principal thereof and the Premium, if any, thereon and shall pay all other amounts due with respect to such Note, by check, duly mailed, by first-class mail, postage prepaid, or delivered to such Holder at its address appearing on the Register. Upon written notice from any Holder that is an original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, which notice shall be given not less than 30 days before the payment or prepayment of the Notes (and Section 2.16 shall constitute such written notice and wire transfer instructions until otherwise designated in the case of the Note Purchasers), Indenture Trustee will pay interest on such Note and pay or prepay the principal thereof and the Premium, if any thereon, by wire transfer of immediately available funds to such institution in the continental United States as such Holder may designate in such notice, such wire transfers to be made on each date on which such payment or prepayment is due if, and only so long as, such institution has facilities for the receipt of a wire transfer. Indenture Trustee will transmit any such wire transfer from its offices not later than 1:00 p.m. (New York time) on each date on which payment or prepayment is due if, and only so long as, available funds therefor have been received by Indenture Trustee by 11:00 a.m. (New York time) on such date or, if Indenture Trustee has not received such available funds, Indenture Trustee will transmit such wire transfer promptly upon receipt of such available funds.
(c) A Holder shall have no further interest in, or other right with respect to, the Indenture Estate when and if the principal amount of, Premium, if any, and interest on all Notes held by such Holder and all other sums payable to such Holder and secured hereunder are paid in full.all
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Bj Services Co)
Payment on Notes. (a) The principal ofCompany, subject to the PremiumPayment Restrictions, if anyshall provide to the Paying Agent, interest onin immediately available funds on or prior to 12:00 noon, New York time, on each Scheduled Interest Payment Date or the Scheduled Maturity Date, such amount, in U.S. dollars, as is necessary to make such payment as is due, and any other amounts payable with respect to, the Company hereby authorizes and directs the Paying Agent from funds so provided to it to make or cause to be made payment of the interest on and principal of the Notes shall be payable in the manner, at the principal office of Indenture Trustee, times and for the purposes set forth herein and in lawful money the text of the United States Notes; provided that
(1) any approved payment of America without surrender or presentation of such Note and without any notation being made thereon. The Holder (or the Person for whom such Holder is a nominee) will, before selling, transferring or otherwise disposing of such Note, present such Note to Indenture Trustee for transfer and notation as provided in Section 2.4. Any payment or prepayment of amounts due interest on the Notes may be made by check mailed to the persons (the "registered owners") in accordance with whose names such Notes are registered on the terms thereof and register maintained pursuant to Section 4.1 hereof which is due on a date that is not a Business Day shall be payable, at the election close of Nonaffiliated Partner Trustee, business on the next following Business Day without penalty relevant Record Date and (2) the Company will not provide any such funds to the Paying Agent prior to such time as the relevant payment of interest or reduction ofprincipal is approved by the Missouri Director. Payments of interest on or principal of the Notes may be made, or increase in, in the case of a registered owner of at least $5,000,000 aggregate principal amount of interest that is payable thereon.
(b) Notwithstanding Section 2.8(a)Notes, if any Note is held by wire transfer to an account maintained by the original Note Purchaserregistered owner with a bank if such registered owner so elects by giving written notice to the Paying Agent, a permitted successor not less than 15 days (or assign that such fewer days as the Paying Agent may accept at its discretion) prior to the date on which such payments are scheduled to be made, of such election and of the account to which payment is an institutional investor or a nominee thereofto be made. Unless such designation is revoked, Indenture Trustee shall, if requested in writing any such designation made by such Holder, pay interest on such Note and pay or prepay the principal thereof and the Premium, if any, thereon and shall pay all other amounts due Holder with respect to such Note, by check, duly mailed, by first-class mail, postage prepaid, or delivered Notes shall remain in effect with respect to any future payments with respect to such Holder at its address appearing on the Register. Upon written notice from any Holder that is an original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, which notice shall be given not less than 30 days before the payment or prepayment of the Notes (and Section 2.16 shall constitute such written notice and wire transfer instructions until otherwise designated in the case of the Note Purchasers), Indenture Trustee will pay interest on such Note and pay or prepay the principal thereof and the Premium, if any thereon, by wire transfer of immediately available funds to such institution in the continental United States as such Holder may designate in such notice, such wire transfers to be made on each date on which such payment or prepayment is due if, and only so long as, such institution has facilities for the receipt of a wire transfer. Indenture Trustee will transmit any such wire transfer from its offices not later than 1:00 p.m. (New York time) on each date on which payment or prepayment is due if, and only so long as, available funds therefor have been received by Indenture Trustee by 11:00 a.m. (New York time) on such date or, if Indenture Trustee has not received such available funds, Indenture Trustee will transmit such wire transfer promptly upon receipt of such available funds.
(c) A Holder shall have no further interest in, or other right with respect to, the Indenture Estate when and if the principal amount of, Premium, if any, and interest on all Notes held by such Holder and all other sums payable to such Holder and secured hereunder are paid in full.Holder. The Company shall pay any reasonable
Appears in 1 contract
Payment on Notes. (a) The principal ofSection 2.08(a) the Indenture is hereby amended and restated in its entirety as follows:
(a) With respect to each Payment Date, any cash interest, payable on the PremiumNotes shall be paid to the Person that is the registered Holder thereof at the close of business on the related Record Date (subject to the special record date provisions of this Indenture) and any PIK Payment shall be paid by adding such amount to the outstanding Note Balance of the relevant Notes on such Record Date. Principal, premium, if any, and cash interest on, and any other amounts payable with respect to, on the Notes shall be payable at the office or agency of the Issuer maintained for such purpose. The Note Balance increases caused by the addition of the PIK Payment shall be evidenced in writing only by the Issuer, which writing shall be (x) evidenced in the form of an Issuer Order delivered to the Indenture Trustee as set forth in and subject to Section 2.08(e) and (y) deemed correct and shall be conclusive, binding and final for all purposes, absent manifest error. In lieu of the issuance of Additional Notes reflecting the change of a Note Balance due to any PIK Payment, the Indenture Trustee shall keep a written record of each such PIK Payment in a ledger it shall maintain for such purpose. Payments of cash interest, principal office of and other amounts on the Notes shall be made by wire transfer to such account as such Holder shall designate by written instruction received by the Indenture Trustee, Trustee not later than five Business Days prior to the applicable Payment Date. Such payments shall be in lawful money such coin or currency of the United States of America without surrender or presentation of such Note and without any notation being made thereon. The Holder (or the Person for whom such Holder is a nominee) will, before selling, transferring or otherwise disposing of such Note, present such Note to Indenture Trustee for transfer and notation as provided in Section 2.4. Any payment or prepayment of amounts due on the Notes in accordance with the terms thereof and hereof which is due on a date that is not a Business Day shall be payable, at the election time of Nonaffiliated Partner Trustee, on the next following Business Day without penalty or reduction of, or increase in, the amount payment is legal tender for payment of interest that is payable thereonpublic and private debts.”
(b) Notwithstanding The last paragraph of Section 2.8(a2.08 is hereby revised to insert “(e), if any Note is held by ” in the original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, Indenture Trustee shall, if requested in writing by such Holder, pay interest on such Note and pay or prepay beginning of the principal thereof and the Premium, if any, thereon and shall pay all other amounts due with respect to such Note, by check, duly mailed, by first-class mail, postage prepaid, or delivered to such Holder at its address appearing on the Register. Upon written notice from any Holder that is an original Note Purchaser, a permitted successor or assign that is an institutional investor or a nominee thereof, which notice shall be given not less than 30 days paragraph immediately before the payment or prepayment of the Notes (and Section 2.16 shall constitute such written notice and wire transfer instructions until otherwise designated in the case of the Note Purchasers), Indenture Trustee will pay interest on such Note and pay or prepay the principal thereof and the Premium, if any thereon, by wire transfer of immediately available funds to such institution in the continental United States as such Holder may designate in such notice, such wire transfers to be made on each date on which such payment or prepayment is due if, and only so long as, such institution has facilities for the receipt of a wire transfer. Indenture Trustee will transmit any such wire transfer from its offices not later than 1:00 p.m. (New York time) on each date on which payment or prepayment is due if, and only so long as, available funds therefor have been received by Indenture Trustee by 11:00 a.m. (New York time) on such date or, if Indenture Trustee has not received such available funds, Indenture Trustee will transmit such wire transfer promptly upon receipt of such available fundsword “The”.
(c) A Holder shall have no further interest in, or other right with respect to, the Indenture Estate when and if the principal amount of, Premium, if any, and interest on all Notes held by such Holder and all other sums payable to such Holder and secured hereunder are paid in full.
Appears in 1 contract
Samples: Second Supplemental Indenture (Emergent Capital, Inc.)