We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Payment Permitted If No Default Clause in Contracts

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.2, from making payments of the principal of (or premium, if any) or interest on the Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture to payments of the principal of or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had not received at the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 21 contracts

Samples: Indenture (Valley National Bancorp), Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company Issuer at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred default with respect to Senior Indebtedness described in Section 14.1 13.1(b) or under Section 13.1(c) or of any of the conditions specified events described in Section 14.213.1(d), from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 13.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company Issuer with the Trustee or any Paying Agent paying agent (other than the CompanyIssuer) such payment would not have been prohibited by the provisions of this ArticleArticle Thirteen, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 17 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.2, from making payments of the principal of (or premium, if any) or interest on the Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture to payments of the principal of or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 7 contracts

Samples: Indenture (United Community Banks Inc), Indenture (Huntington Bancshares Inc/Md), Indenture (Privatebancorp, Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Eighteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.21801, from making payments of the principal of (or premium, if any) or interest (including any Additional Interest) on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest (including any Additional Interest) on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 4 contracts

Samples: Indenture (Indymac Bancorp Inc), Indenture (Wells Fargo Capital Iv), Indenture (Wells Fargo & Co/Mn)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21301, from making payments of the principal of (or premium, if any) or interest on the Securities Securities, or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of (or premium, if any) or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1304 of any event prohibiting the making of such deposit, deposit or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) ), such payment would not have been prohibited by the provisions of this Article, and neither the Trustee or nor any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 3 contracts

Samples: Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc), Indenture (Thaxton Group Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) XVI or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.216.01, from making payments of the principal of (or premium, if any) or interest on the Securities Securities, or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of (or premium, if any) or interest on the Securities, if, at the time of such deposit, a Responsible Officer of Securities if the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 16.04 by the times referred to therein of any event prohibiting the making of such deposit, deposit or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Articleexchange, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such datetimes.

Appears in 3 contracts

Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Eighteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.21801, from making payments of the principal of (or premium, if any) or interest on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 2 contracts

Samples: Indenture (Indymac Capital Trust I), Indenture (Wells Fargo & Co/Mn)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Eighteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21801, from making payments of the principal of (or premium, if any) or interest on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 2 contracts

Samples: Indenture (Bankamerica Corp/De/), Indenture (Sovereign Capital Trust Iv)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.51405) or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred to in Section 14.1 1401 or under the conditions specified in Section 14.21402, from making payments of the principal of (or premium, if any) or interest on the Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture to payments of the principal of or interest on the Securities, if, at the time of such deposit, a Responsible Officer responsible officer of the Trustee or such Paying Agent, as the case may be, had not received at the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1405 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 2 contracts

Samples: Indenture (Evans Bancorp Inc), Indenture (Evans Bancorp Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Nineteen or elsewhere in this Indenture, or in any of the SecuritiesDebt Securities or the Guarantees, shall prevent (a) the Company Guarantor at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.21901, from making payments of the principal of (or premium, if any) or interest on (including any Additional Interest) under the Securities Guarantees or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest (including any Additional Interest) on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1904 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company Guarantees with the Trustee or any Paying Agent (other than the CompanyGuarantees) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 2 contracts

Samples: Indenture (M&i Capital Trust C), Indenture (South Financial Group Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Sixteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.21601, from making payments of the principal of (or premium, if any) or interest on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1604 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 2 contracts

Samples: Indenture (Wejo Group LTD), Indenture (Brickell Biotech, Inc.)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) 4 or elsewhere in the Base Indenture or this First Supplemental Indenture, or in any of the SecuritiesNotes, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred to in Section 14.1 4.1 or under the conditions specified in Section 14.24.2, from making payments of the principal of (or premium, if any) or interest on the Securities Notes or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under the Base Indenture or this First Supplemental Indenture to payments of the principal of or interest on the SecuritiesNotes, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 4.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this ArticleArticle 4, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 2 contracts

Samples: First Supplemental Indenture (BofI Holding, Inc.), First Supplemental Indenture (BofI Holding, Inc.)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21301, from making payments of the principal of (or premium, if any) or interest on the Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1304 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Fingerhut Companies Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company Issuer at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred Default with respect to Senior Indebtedness described in Section 14.1 13.1(b) or under Section 13.1(c) or of any of the conditions specified events described in Section 14.213.1(d), from making payments of the principal of (or of, premium, if any) , or interest interest, if any, on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of of, premium, if any, or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 13.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company Issuer with the Trustee or any Paying Agent paying agent (other than the CompanyIssuer) such payment would not have been prohibited by the provisions of this ArticleArticle Thirteen, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Subordinated Indenture (York International Corp /De/)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) 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 any dissolution, winding up, liquidation, default in the payment of any principal of or reorganization proceedings referred to interest on any Senior Indebtedness as described in Section 14.1 13.1 or under of any of the conditions specified events described in clauses (a) and (b) of Section 14.213.1, from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 13.4 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this ArticleArticle XIII, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Dean Foods Co)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company Issuer at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred default with respect to Senior Indebtedness of the Issuer described in Section 14.1 13.1(b) or under Section 13.1(c) or of any of the conditions specified events described in Section 14.213.1(d), from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 13.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company Issuer with the Trustee or any Paying Agent paying agent (other than the CompanyIssuer) such payment would not have been prohibited by the provisions of this ArticleArticle Thirteen, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Third Supplemental Indenture (Triton Energy Corp)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Eighteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21801, from making payments of the principal of (or premium, if any) or interest on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee -119- 132 or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture Agreement (Star Banc Corp /Oh/)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Eighteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21801, from making payments of the principal of (or premium, if any) or interest on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Eighteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.21801, from making payments of the principal of (or premium, if any) or interest (including any Additional Interest) on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest (including any Additional Interest) on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other 97 107 than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Indymac Capital Trust I)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Fourteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21401, from making payments of the principal of (or premium, if any) or interest on the Securities Securities, or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of (or premium, if any) or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1404 of any event prohibiting the making of such deposit, deposit or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) ), such payment would not have been prohibited by the provisions of this Article, and neither the Trustee or nor any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (FNB Corp/Fl/)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Fourteen or elsewhere in this Indenture, Indenture or in any of the Securities, Securities shall prevent (a) the Company Company, at any time, time except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.214.01, from making payments at any time of the principal of (or premium, if any) , or interest on the Securities or Coupons appertaining thereto, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys monies deposited with it under this Indenture hereunder to payments of the principal of or premium, if any, or interest on the Securities, Securities or Coupons appertaining thereto if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 14.04 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent paying agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Citigroup Capital Ix)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Eighteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.21801, from making payments of the principal of (or premium, if any) or interest on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of o the principal of or interest on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Wells Fargo & Co/Mn)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) III or elsewhere in the Base Indenture or this First Supplemental Indenture, or in any of the SecuritiesNotes, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred to in Section 14.1 3.01 or under the conditions specified in Section 14.23.02, from making payments of the principal of (or premium, if any) or interest on the Securities Notes or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under the Base Indenture or this First Supplemental Indenture to payments of the principal of or interest on the SecuritiesNotes, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 3.05 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this ArticleArticle III, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: First Supplemental Indenture (Customers Bancorp, Inc.)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Fifteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred default with respect to Senior Indebtedness described in Section 14.1 15.1(b) or under Section 15.1(c) or of any of the conditions specified events described in Section 14.215.1(d), from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 15.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent paying agent (other than the Company) such payment would not have been prohibited by the provisions of this ArticleArticle Fifteen, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Adelphia Communications Corp)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company Issuer at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred default with respect to Senior Indebtedness described in Section 14.1 13.1(b) or under Section 13.1(c) or of any of the conditions specified events described in Section 14.213.1(d), from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for 69 76 in Section 14.5 13.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company Issuer with the Trustee or any Paying Agent paying agent (other than the CompanyIssuer) such payment would not have been prohibited by the provisions of this ArticleArticle Thirteen, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Ocean Energy Inc /La/)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, Securities shall prevent (a) the Company Issuer at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred Default with respect to Senior Indebtedness described in Section 14.1 13.1(b) or under Section 13.1(c) or of any of the conditions specified events described in Section 14.213.1(d), from making payments of the principal of (or of, premium, if any) , or interest interest, if any, on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of of, premium, if any, or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 13.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company Issuer with the Trustee or any Paying Agent paying agent (other than the CompanyIssuer) such payment would not have been prohibited by the provisions of this ArticleArticle Thirteen, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Senior Subordinated Indenture (York International Corp /De/)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Sixteen or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21601, from making payments of the principal of (or premium, if any) or interest on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1604 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Bremer Financial Corporation)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) 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 any dissolution, winding up, liquidation, default in the payment of any principal of or reorganization proceedings referred to interest on any Senior Indebtedness as described in Section 14.1 13.1 or under of any of the conditions specified events described in clause (a) and (b) of Section 14.213.1, from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpayment agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 13.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this ArticleArticle XIII, and the Trustee or any Paying Payment Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Kellwood Co)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) XVIII or elsewhere in this Indenture, or in any of the Debt Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.21801, from making payments of the principal of (or premium, if any) or interest (including any Additional Interest) on the Debt Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest (including any Additional Interest) on the Debt Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1804 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Popular Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Fourteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21401, from making payments of the principal of (or premium, if any) or interest on the Securities Securities, or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of (or premium, if any) or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1404 of any event prohibiting the making of such deposit, deposit or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) ), such payment would not have been prohibited by the provisions of this Article, and neither the Trustee or nor any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (FNB Corp/Fl/)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) XV or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred default with respect to Senior Indebtedness described in Section 14.1 15.1(b) or under Section 15.1(c) above or of any of the conditions specified events described in Section 14.215.1(d) above, from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 15.5 below of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent paying agent (other than the Company) such payment would not have been prohibited by the provisions of this ArticleArticle XV, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Kforce Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company Issuers at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred default with respect to Senior Indebtedness of an Issuer described in Section 14.1 13.1(b) or under Section 13.1(c) or of any of the conditions specified events described in Section 14.213.1(d), from making payments of the principal of (or premiuminterest, if any) or interest , on the Securities Securities, or (b) the application by the Trustee or any Paying Agent paying agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest interest, if any, on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agentpaying agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 13.5 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company Issuers with the Trustee or any Paying Agent paying agent (other than the CompanyIssuers) such payment would not have been prohibited by the provisions of this ArticleArticle Thirteen, and the Trustee or any Paying Agent paying agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Triton Energy Corp)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) 9 or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 or under the conditions specified in Section 14.29.01, from making payments of the principal of (or premium, if any) , or interest on the Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 9.04 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (AV Homes, Inc.)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Thirteen or elsewhere in this Indenture, or in any of the SecuritiesJunior Subordinated Debentures, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified in described in, Section 14.21301, from making payments of the principal of (or premium, if any) or interest on the Securities Junior Subordinated Debentures or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the SecuritiesJunior Subordinated Debentures, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1304 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Land O Lakes Inc)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) 4 or elsewhere in this Indentureherein, or in any of the SecuritiesNotes, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, or reorganization proceedings referred to in Section 14.1 4.01 or under the conditions specified in Section 14.24.02, from making payments of the principal of (or premium, if any) or interest on the Securities Notes or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the SecuritiesNotes, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 4.05 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: First Supplemental Indenture (LegacyTexas Financial Group, Inc.)

Payment Permitted If No Default. Nothing contained in this Article XIV (except in Section 14.5) Fourteen or elsewhere in this Indenture, or in any of the Securities, shall prevent (a) the Company at any time, except during the pendency of any dissolution, winding up, liquidation, liquidation or reorganization proceedings referred to in Section 14.1 in, or under the conditions specified described in Section 14.21401, from making payments of the principal of (or premium, if any) or interest on the Securities or (b) the application by the Trustee or any Paying Agent of any moneys deposited with it under this Indenture hereunder to payments of the principal of or interest on the Securities, if, at the time of such deposit, a Responsible Officer of the Trustee or such Paying Agent, as the case may be, had did not received at have the Corporate Trust Office of the Trustee the Officers’ Certificate or written notice provided for in Section 14.5 1404 of any event prohibiting the making of such deposit, or if, at the time of such deposit (whether or not in trust) by the Company with the Trustee or any Paying Agent (other than the Company) such payment would not have been prohibited by the provisions of this Article, and the Trustee or any Paying Agent shall not be affected by any notice to the contrary received by it on or after such date.

Appears in 1 contract

Samples: Indenture (Northrop Grumman Corp /De/)