Common use of Payment Permitted If No Default Clause in Contracts

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, or under the conditions described in Section 13.3, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 19 contracts

Samples: Indenture (Redback Networks Inc), Indenture (Cirrus Logic Inc), Indenture (Bea Systems Inc)

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Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, debt restructuring, assignment for the benefit of creditors or other marshaling marshalling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1502 or under the conditions described in Section 13.31503 or 1504, from making payments at any time of principal of (and premium, if any) any premium or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) any premium or 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 6 contracts

Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Scholastic Corp)

Payment Permitted If No Default. Nothing contained in this Article Eighteen or elsewhere in this Indenture or in any of the Securities or the Guarantees shall prevent (a) the CompanyGuarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Guarantor referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1802 or under the conditions described in Section 13.31803, from making payments at any time on the Guarantees on account of principal of (and of, premium, if any) , or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on the Guarantees on account of the principal of (and of, premium, if any) , or interest on the Securities or the retention of such payment by the Holders, Holders if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Eighteen.

Appears in 4 contracts

Samples: Indenture (Thermo Electron Corp), Indenture (Thermo Instrument Systems Inc), Indenture (Thermotrex Corp)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 14.02 or under the conditions described in Section 13.3Sections 14.03 and 14.04, from making payments at any time of principal of (and premium, if any) or interest (including Additional Interest) on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal 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 payment by the Company or application by the Trustee, as the case may be, it did not have knowledge that such payment or application, as the case may be, would have been prohibited by the provisions of this Article.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (North Fork Capital Trust I)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling marshalling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, or under the conditions described in Section 13.31502, from making payments at any time of principal of (and amount, premium, if any) any or interest on interest, as the case may be, in respect of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and principal, premium, if any) , or interest on interest, as the case may be, in respect of the Securities or the retention of such payment by the HoldersHolders of the Securities, if, at the time of such application by the Trustee, it the Trustee did not have actual knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Fifteen.

Appears in 3 contracts

Samples: Indenture (Brocade Communications Systems Inc), Indenture (Epicor Software Corp), Indenture (Hewlett Packard Co)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding up, liquidation or other winding up, assignment for the benefit of creditors reorganization or other marshaling of assets and liabilities of the Company similar proceedings referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 13.3 or under the conditions described in Section 13.313.2, from making payments at any time of principal of (and or premium, if any) or interest (including any Additional Interest) on the Securities, Securities or (b) the application by the Trustee or any Paying Agent of any money moneys deposited with it hereunder to the payment of or on account of the principal of (and or premium, if any) or interest (including any Additional Interest) on the Securities or the retention of by such payment by the Holders, if, at the time of such application by application, the TrusteeTrustee or such Paying Agent, it as the case may be, did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Evans Capital Trust III), Trust Agreement (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling marshalling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, or under the conditions described in Section 13.31502, from making payments at any time of principal of (and amount, premium, if any) any or interest on interest, as the case may be, in respect of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and principal, premium, if any) , or interest on interest, as the case may be, in respect of the Securities or the retention of such payment by the HoldersHolders of the Securities, if, at the time of such application by the Trustee, it the Trustee did not have actual knowledge that such payment would have been prohibited by the provisions provision of this ArticleArticle Fifteen.

Appears in 2 contracts

Samples: Indenture (Hewlett Packard Enterprise Co), Indenture (Hp Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities of any series shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling marshalling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1302 or under the conditions described in Section 13.31303 or 1304, from making payments at any time of principal of (and premium, if any) or interest on the SecuritiesSecurities of any series, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, subject to Section 1310, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Samples: Indenture (Wellman Inc), Indenture (Raytheon Co/)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1702 or under the conditions described in Section 13.3Sections 1703 and 1704, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money or Government Obligations deposited with it hereunder to the payment of or on account of the principal 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Payment Permitted If No Default. Nothing contained in this Article, Article Fifteen of the Indenture or elsewhere in this First Supplemental Indenture, the Indenture or in any of the Securities Notes shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, dissolution or liquidation or other winding upin a bankruptcy, assignment for the benefit of creditors reorganization, insolvency, receivership or other marshaling of assets and liabilities of the Company similar proceeding referred to in Section 13.2, 1502 of the Indenture or during the circumstances referred to in the first paragraph of Section 13.2, or under the conditions described as provided in Section 13.37.1 or Section 7.2 hereof, from making payments at any time of principal of (and premium, if any) or interest on the SecuritiesNotes, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities Notes or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle or Article Fifteen of the Indenture.

Appears in 2 contracts

Samples: First Supplemental Indenture (Mindspring Enterprises Inc), First Supplemental Indenture (Mindspring Enterprises Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.212.2, or during the circumstances referred to in the first paragraph of Section 13.212.2, or under the conditions described in Section 13.312.3, from making payments at any time of principal of (and premium, if any) or interest on the SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Samples: Indenture (Anthem Inc), Indenture (Anthem Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities or Guarantees shall prevent (a) the CompanyCorporation or the Guarantor, at any time time, except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to conditions described in the first paragraph of Section 13.2, 13.2 or under the conditions described of any Proceeding referred to in Section 13.313.2, from making payments at any time of principal of (and premium, if any) or interest (including any Additional Interest) on the SecuritiesSecurities or the Guarantees, respectively, or (b) the application by the Trustee of any money moneys deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest (including any Additional Interest) on the Securities or the Guarantees, as the case may be, or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Banponce Corp), Junior Subordinated Indenture (Banponce Trust Ii)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities or Guarantees shall prevent (a) the CompanyCorporation or the Guarantor, at any time time, except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to conditions described in the first paragraph of Section 13.2, 12.2 or under the conditions described of any Proceeding referred to in Section 13.312.2, from making payments at any time of principal of (and premium, if any) or interest (including any Additional Interest) on the SecuritiesSecurities or the Guarantees, respectively, or (b) the application by the Trustee of any money moneys deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest (including any Additional Interest) on the Securities or the Guarantees, as the case may be, or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Popular North America Capital Trust Iii), Junior Subordinated Indenture (Popular North America Capital Trust I)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1302 or under the conditions described in Section 13.31303 or 1304, from making payments at any time of redemption price or principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee or the retention thereof by the Holders of any money deposited with it hereunder to the payment of or on account of the redemption price or principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by application, the Trustee, it Trustee did not have knowledge that such payment would have been prohibited by the provisions of this Article, or (c) the conversion of the Securities.

Appears in 2 contracts

Samples: Indenture (Phoenix Duff & Phelps Corp), Indenture (Phoenix Companies Inc/De)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 13.02 or under the conditions described in Section 13.3, Sections 13.03 and 13.04 from making payments at any time of principal of (and any premium, if any) or interest (including Additional Interest) on or Additional Amounts with respect to the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest (including Additional Interest) on or Additional Amounts with respect to 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 that such payment or application, as the case may be, would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Samples: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 14.02 or under the conditions described in Section 13.3Sections 14.03 and 14.04, from making payments at any time of principal of (and premium, if any) or interest (including any Additional Interest) on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal 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 payment by the Company or application by the Trustee, as the case may be, it did not have knowledge that such payment or application, as the case may be, would have been prohibited by the provisions of this Article.

Appears in 2 contracts

Samples: Indenture (National City Capital Trust I), Junior Subordinated Indenture (Bancorpsouth Inc)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 12.2 or under the conditions described in Section 13.3Sections 12.3 and 12.4, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money or Government Obligations deposited with it hereunder in accordance with the provisions of Section 4.3 to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application payment or application, as the case may be, by the Company or the Trustee, it as the case may be, the Company or the Trustee, as the case may be, did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Symons International Group Inc)

Payment Permitted If No Default. Nothing contained in this Article ------------------------------- 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, or under the conditions described in Section 13.3, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Indenture (Exodus Communications Inc)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, or under the conditions described in Section 13.3, from making payments at any time of principal of (and premiumpremium (including any Make-Whole Payment), if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premiumpremium (including any Make-Whole Payment), if any) or interest on the Securities or the retention of such payment by the HoldersSecurities, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Indenture (Sonus Networks Inc)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, general assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1202 or under the conditions described in Section 13.31203 or 1204, from making payments at any time of principal of (and premiumpremium and Additional Amounts, if any) , or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) , or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, in its capacity as such, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Indenture (North American Vaccine Inc)

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Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Supplemental Indenture No. 1, the Subordinated Indenture or in any of the Securities Series A Security shall prevent (a) the Company, Corporation at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding with respect to it referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 3.2 or under the conditions described in Section 13.3Sections 3.3 and 3.4, from making payments at any time of principal of (and premium, if any) or interest (including Additional Interest) on the Series A Securities, or (b) the application by the Trustee of any money deposited with it hereunder under this Supplemental Indenture No. 1 or the Subordinated Indenture to the payment of or on account of the principal of (and premium, if any) or interest (including any Additional Interest) on the Series A 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Subordinated Indenture (Edison International)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCompany or, if applicable, the Parent Guarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling marshalling of assets and liabilities of the Company or, if applicable, the Parent Guarantor referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1403 or under the conditions described in Section 13.31404 or 1405, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Indenture (Aegon Funding Corp)

Payment Permitted If No Default. Nothing contained in this Article 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 case, case or proceeding, dissolution, liquidation or any dissolution or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company up referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 1402 or under the other conditions described in Section 1402 or the conditions described in Section 13.3, 1403 from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by application, the Trustee, it Trustee did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Fourteen.

Appears in 1 contract

Samples: Indenture (Anadarko Petroleum Capital Trust Iii)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 12.2 or under the conditions described in Section 13.3Sections 12.3 and 12.4, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money or U.S. Government Obligations deposited with it hereunder in accordance with the provisions of Section 4.3 to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application payment or application, as the case may be, by the Company or the Trustee, it as the case may be, the Company or the Trustee, as the case may be, did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Senior Subordinated Indenture (Superior National Insurance Group Inc)

Payment Permitted If No Default. Nothing contained in this ------------------------------- Article or elsewhere in this Supplemental Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to in Section 13.29.1, or during the circumstances referred to in the first paragraph of Section 13.29.1, or under the conditions described in Section 13.39.2, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Supplemental Subordinated Indenture (Exodus Communications Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCompany or the Guarantor, as the case may be, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding with respect to it referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 13.2 or under the conditions described in Section 13.3Sections 13.3 and 13.4, from making payments at any time of principal of (and premium, if any) or interest (including Additional Interest) on the SecuritiesDebt Securities or the obligations of the Guarantor under the Guarantees, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and 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 that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Junior Subordinated Indenture (FPC Capital Ii)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities or the Guarantees shall prevent (a) the CompanyGuarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling marshalling of assets and liabilities of the Company Guarantor referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 15.2 or under the conditions described in Section 13.315.3, from making payments at any time on the Guarantees on account of principal of (and of, premium, if any) , or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on the Guarantees on account of the principal of (and of, premium, if any) , or interest on the Securities or the retention of such payment by the Holders, Holders if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Indenture (Xtra Missouri Inc)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Corporation referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 12.2 or under the conditions described in Section 13.312.3 or 12.4, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Riggs Capital Ii)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 14.2 or under the conditions described in Section 13.3Sections 14.3 and 14.4, from making payments at any time of principal of (and premium, if any) or interest (including Additional Interest) on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal 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 payment by the Company or application by the Trustee, as the case may be, it did not have knowledge that such payment or application, as the case may be, would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Republic New York Capital Iv)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCorporation, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling marshalling of assets and liabilities of the Company Corporation referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 12.2 or under the conditions described in Section 13.312.3 or 12.4, from making payments at any time of principal of (and premium, if any) or interest on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Riggs National Corp)

Payment Permitted If No Default. Nothing contained in this Article 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 case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company Proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 11.2 or under the conditions described in Section 13.3Sections 11.3 and 11.4, from making payments at any time of principal of and premium (and premium, if any) or interest (including Stated Interest, Contingent Interest, Deferred Interest and Additional Interest) on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of and premium (and premium, if any) or interest (including Stated Interest, Contingent Interest, Deferred Interest and 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 that such payment would have been prohibited by the provisions of this ArticleArticle 11.

Appears in 1 contract

Samples: Indenture (Amerus Group Co/Ia)

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes or Subsidiary Guarantees shall prevent (a) the CompanyCompany or any Subsidiary Guarantor, at any time except during the pendency pending of any caseliquidation, proceeding, dissolution, liquidation dissolution or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company proceeding referred to in Section 13.2, or during the circumstances referred to in the first paragraph of Section 13.2, 12.2 or under the conditions described in Section 13.312.3, from making payments at any time of principal of (and or premium, if any) or interest on the SecuritiesNotes or payments pursuant to any Subsidiary Guarantees, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities Notes or payment pursuant to any Subsidiary Guarantee or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Appears in 1 contract

Samples: Indenture (Mego Mortgage Corp)

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