Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 213 contracts
Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Wilshire Bancorp Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 28 contracts
Samples: Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Triangle Capital Trust), Junior Subordinated Indenture (Sun Capital Trust)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 16 contracts
Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Greater Bay Bancorp)
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIXIV, except as provided in Section 12.814.8.
Appears in 12 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Arbor Realty Trust Inc), Junior Subordinated Indenture (Northstar Realty)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 11 contracts
Samples: Junior Subordinated Indenture (Mbna Capital V), Junior Subordinated Indenture (J P Morgan Chase & Co), Junior Subordinated Indenture (Mellon Capital Iii)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 11 contracts
Samples: Junior Subordinated Indenture (Dime Capital Trust Ii), Junior Subordinated Indenture (Fifth Third Bancorp), Junior Subordinated Indenture (Dime Bancorp Inc)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 10 contracts
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Junior Subordinated Indenture (First Star Capital Trust), Junior Subordinated Indenture (Allegiant Bancorp Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Company at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or the pendency of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 9 contracts
Samples: Junior Subordinated Indenture (Integon Capital I), Junior Subordinated Indenture (First Tennessee National Corp), Junior Subordinated Indenture (Bankamerica Corp/De/)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 7 contracts
Samples: Junior Subordinated Indenture (Colonial Bancgroup Inc), Securities Purchase Agreement (DPL Inc), Junior Subordinated Indenture (Bt Capital Trust B)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it the Trustee did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 7 contracts
Samples: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (Florida Community Banks Inc), Junior Subordinated Indenture (Community Financial Holding Co Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium of, premium, if any, or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium of, premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 6 contracts
Samples: Junior Subordinated Indenture (Great Wolf Resorts, Inc.), Junior Subordinated Indenture (New Century Financial Corp), Junior Subordinated Indenture (Comstock Homebuilding Companies, Inc.)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.21202 or under the conditions described in Sections 1203 and 1204, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money or Government Obligations deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at least three Business Days prior to the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 5 contracts
Samples: Subordinated Indenture (Hartford Financial Services Group Inc/De), Subordinated Indenture (Phoenix Companies Inc/De), Subordinated Indenture (Fisher Scientific International Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (ai) the Company, Corporation at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or (bii) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (South Carolina Electric & Gas Co), Junior Subordinated Indenture (Sce&g Trust I)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.02 or under the conditions described in Sections 13.03 and 13.04, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such payment by the Company or application by the Trustee, as the case may be, it did not have knowledge (in accordance with Section 12.8) that such payment or application, as the case may be, would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Resource Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.2 or under the conditions described in Sections 12.3 and 12.4, from making payments at any time of principal of and any premium (or premium, if any) or interest (including any Additional Interest) on the Securities Debentures, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium (or premium, if any) or interest (including any Additional Interest, if any) on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have actual knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 4 contracts
Samples: Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Ii Senior Living Inc /Va), Merger Agreement (Capital Senior Living Corp)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.2 or under the conditions described in Sections 12.3 and 12.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.21302 or under the conditions described in Sections 1303 and 1304, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money or Government Obligations deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Nevada Power Co), Junior Subordinated Indenture (Hartford Capital Iv /De/), Junior Subordinated Indenture (Nevada Power Co)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money or Government Obligations deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Sierra Pacific Resources Capital Trust Ii), Junior Subordinated Indenture (Liberty Financial Capital Trust Ii)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIArticle, except as provided in Section 12.814.8.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re Capital Trust), Junior Subordinated Indenture (Everest Re Capital Trust Iii)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of and any premium of(and premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Equitable Resources Capital Trust I), Junior Subordinated Indenture (Equitable Resources Capital Trust I), Junior Subordinated Indenture (Equitable Resources Inc /Pa/)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Company at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or the pendency of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Indenture (Citizens Funding Trust IV), Indenture (Citizens Banking Corp), Indenture (Keycorp Institutional Capital A)
Payment Permitted If No Default. Nothing contained in this Article ARTICLE XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section SECTION 12.2 or of any Proceeding referred to in Section SECTION 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section SECTION 12.8) that such payment would have been prohibited by the provisions of this Article ARTICLE XII, except as provided in Section SECTION 12.8.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Uici)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Seacoast Financial Services Corp), Junior Subordinated Indenture (CCC Capital Trust Ii), Junior Subordinated Indenture (Seacoast Financial Services Corp)
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.214.2 or under the conditions described in Sections 14.3 and 14.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIV.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (Associated Banc-Corp)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, (y) it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.812.8 or (z) it had not received notice of a Wachovia Event of Default.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Orleans Homebuilders Inc), Junior Subordinated Indenture (Orleans Homebuilders Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during under the pendency of circumstances referred to in Section 12.02 or under the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.03, from making payments at any time of principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with within the meaning of Section 12.8) 12.09 that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Indenture (Magnum Hunter Resources Inc), Indenture (Pentegra Dental Group Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Guarantor or the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Thornburg Mortgage Inc), Junior Subordinated Indenture (Thornburg Mortgage Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Mason Dixon Capital Trust Ii), Junior Subordinated Indenture (Gold Banc Corp Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during under the pendency of circumstances referred to in Section 12.02 or under the conditions described in paragraph (a) of Section 12.2 12.03 or of any Proceeding referred to in Section 12.212.04, from making payments at any time of principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium of, premium, if any, or interest (including on or any Additional Interest) on Amounts with respect to the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with within the meaning of Section 12.8) 12.10 that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Indenture (Innovative Valve Technologies Inc), Indenture (American Residential Services Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.212.2(b), from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 2 contracts
Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities pursuant to the Guarantees or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities pursuant to the Guarantees or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIXIV, except as provided in Section 12.814.8.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Validus Holdings LTD), Third Supplemental Indenture (Validus Holdings LTD)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have actual knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Mellon Bank Corp), Junior Subordinated Indenture (First American Financial Corp)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8. SECTION 12.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp)
Payment Permitted If No Default. Nothing contained in this ------------------------------- Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.02 or under the conditions described in Sections 13.03 and 13.04, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such payment by the Company or application by the Trustee, as the case may be, it did not have knowledge (in accordance with Section 12.8) that such payment or application, as the case may be, would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Debt Securities shall prevent (a) the CompanyIssuer, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.214.02 or under the conditions described in Sections 14.03 and 14.04, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Debt Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Debt Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at two Business Days prior to the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (City Holding Capital Trust Ii), Junior Subordinated Indenture (United Community Capital Trust)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Issuer at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 16.2 or the pendency of any Proceeding referred to in Section 12.216.2, from making payments at any time of principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 2 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of and any premium of, premium, if any, or interest (including any Additional Interest) on the Securities Debentures or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium of, premium, if any, or interest (including any Additional Interest) on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: Indenture (Txi Capital Trust I)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.,
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Windrose Medical Properties Trust)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyBank, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Zions Institutional Capital Trust A)
Payment Permitted If No Default. Nothing contained in this Article XII XVII or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 17.2 or of any Proceeding referred to in Section 12.217.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities Debentures or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities Debentures or the retention of such payment by the Holdersholders of the Debentures, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.817.8) that such payment would have been prohibited by the provisions of this Article XIIXVII, except as provided in Section 12.817.8.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in ------------- ------------------------------- this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Chittenden Capital Trust I)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, 12.2 from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Ramco Gershenson Properties Trust)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.21102 or under the conditions described in Sections 1103 and 1104, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money or Government Obligations deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.213.2 or under the conditions described in Sections 13.3 and 13.4, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Praegitzer Industries Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.. SECTION
Appears in 1 contract
Samples: Junior Subordinated Indenture (Simmons First National Corp)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIArticle, except as provided in Section 12.814.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (MRM Capital Trust Iii)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, if at the time of such application by the Trustee, (1) it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.812.8 or (2) it had not received a Senior Default Notice by 10:00 a.m. New York time on the day prior to such time.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Medallion Financial Corp)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (ai) the Company, Corporation at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or (bii) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Sea Pines Associates Inc)
Payment Permitted If No Default. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyGuarantor, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 14.2 or of any Proceeding referred to in Section 12.214.2, from making payments at any time of principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium premium, if any, or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.814.8) that such payment would have been prohibited by the provisions of this Article XIIXIV, except as provided in Section 12.814.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Windrose Medical Properties Trust)
Payment Permitted If No Default. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in any of the Securities shall prevent (ai) the Company, at any time, except during the pendency of the conditions described in paragraph (aSection 13.2(1) of Section 12.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (bii) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8XIII.
Appears in 1 contract
Samples: Junior Subordinated Indenture (BSB Capital Trust I)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Group at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or the pendency of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Samples: Subordinated Indenture (Delphi Financial Group Inc/De)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, 12.2(b). from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, . except as provided in Section 12.8.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including . any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment payment. by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, XII except as provided in Section 12.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Novastar Financial Inc)
Payment Permitted If No Default. Nothing contained in this Article XII XII, or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (American Equity Investment Life Holding Co)
Payment Permitted If No Default. Nothing contained in this Article XII Fourteen or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.21402 or under the conditions described in Sections 1403 and 1404, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys money deposited with it the Trustee hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it the Trustee did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Fourteen.
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in the first paragraph (a) of Section 12.2 13.2 or of any Proceeding referred to in Section 12.213.2, from making payments at any time of principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities Securities, or (b) the application by the Trustee of any moneys monies deposited with it hereunder to the payment of or on account of the principal of (and any premium premium, if any) or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.Article. 95 - 89 -
Appears in 1 contract
Samples: Junior Subordinated Indenture (National Penn Bancshares Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture ----------- or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 ------------ or of any Proceeding referred to in Section 12.2, from making payments at any ------------ time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of ------------ this Article XII, except as provided in Section 12.8.. ----------- ------------
Appears in 1 contract
Payment Permitted If No Default. Nothing contained in this Article ARTICLE XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section SECTION 12.2 or of any Proceeding referred to in Section SECTION 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section SECTION 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section SECTION 12.8.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Uici)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this First Supplemental Indenture, the Indenture or in any of the Securities Series A Debentures shall prevent (a) the Company, at any time, time except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.25.2 or under the conditions described in Sections 5.3 and 5.4, from making payments at any time of principal of and any premium (or premium, if any) or interest (including any Additional Interest) on the Securities Series A Debentures, or (b) the application by the Trustee of any moneys money deposited with it hereunder to the payment of or on account of the principal of and any premium (or premium, if any) or interest (including any Additional Interest) on the Securities Series A Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it a Responsible Officer of the Trustee did not have actual knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8Article.
Appears in 1 contract
Samples: First Supplemental Indenture (Pioneer Standard Electronics Inc)
Payment Permitted If No Default. Nothing contained in this Article XII or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time, except during the pendency of the conditions described in paragraph (a) of Section 12.2 or of any Proceeding referred to in Section 12.2, from making payments at any time of principal of and any premium or interest (including any Additional Interest) on the Securities or (b) the application by the Trustee of any moneys deposited with it hereunder to the payment of or on account of the principal of and any premium or interest (including any Additional Interest) on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge (in accordance with Section 12.8) that such payment would have been prohibited by the provisions of this Article XII, except as provided in Section 12.8.
Appears in 1 contract
Samples: Junior Subordinated Supplemental Indenture (BRT Realty Trust)
