Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer or the 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 marshalling of assets and liabilities of the Issuer or the Guarantor, as the case may be, referred to in Section 13.02 or under the conditions described in Section 13.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities or on account of the purchase or other acquisition 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 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 6 contracts
Samples: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Debt Indenture (Gazit Group Financial LLC)
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Issuer or the Guarantorprevent, 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 marshalling of assets and liabilities of the Issuer Company or the Guarantor, as the case may be, any Guarantor referred to in Section 13.02 16.02 or under the conditions described in Section 13.0316.03, (a) the Company from making Principal Payments, Interest Payments or payments of Default Interest at any time of or on account of the principal of (and premium, if any) or interest on the Securities Notes, or on account of the purchase or other acquisition of the SecuritiesNotes, including pursuant to any Optional Redemption in accordance with Article 14, or (b) the application by the Trustee of any money deposited with it hereunder to the any Principal Payment, Interest Payment or payment of or on account of the principal of (and premium, if any) or interest Default 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 Article.
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Issuer or the GuarantorCompany, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary, or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Issuer or the Guarantor, as the case may be, Company referred to in Section 13.02 4.2 or under the conditions described in Section 13.034.3 or 4.4, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest (including Additional Payments) on the Securities or on account of the purchase or other acquisition of 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 of, or premium, if any) , or interest (including Additional Payments) 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 Actual Knowledge that such payment would have been prohibited by the provisions of this Article.
Appears in 3 contracts
Samples: Indenture (Qualicomm Financial Trust I), Indenture (Insignia Financing I), Exchange Agreement (Insignia Financial Group Inc /De/)
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer Company or the 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 marshalling of assets and liabilities of the Issuer Company or the Guarantor, as the case may be, referred to in Section 13.02 or under the conditions described in Section 13.031202, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities or on account of the purchase or other acquisition 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 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 2 contracts
Samples: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.V.)
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer or the GuarantorCompany, 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 marshalling of assets and liabilities of the Issuer or the Guarantor, as the case may be, Company referred to in Section 13.02 1702 or under the conditions described in Section 13.031703 or 1704, from making payments at any time of or on account of the principal of (and of, premium, if any) , Additional Amounts, if any or interest on the Securities or on account of the purchase or other acquisition 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 of, premium, if any) , Additional Amounts, 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 (in accordance with Section 1706) that such payment would have been prohibited by the provisions of this Article.
Appears in 2 contracts
Samples: Indenture (Unumprovident Financing Trust Iii), Indenture (Union Planters Corp)
Payment Permitted in Certain Situations. Nothing contained in this Article 18 or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Issuer or the Guarantorprevent, 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 marshalling of assets and liabilities of the Issuer Company or the Guarantor, as the case may be, any Guarantor referred to in Section 13.02 18.02 or under the conditions described in Section 13.0318.03 or Section 18.04, (a) the Company from making payments at any time of or on account of the principal of (and or premium, if any) or interest or other amounts due on the Securities Notes, or on account of the purchase or other acquisition of the SecuritiesNotes, including pursuant to any Optional Redemption in accordance with Article 16, 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 or other amounts due 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 has not have knowledge that such payment would have been prohibited by received the provisions of this Articlenotice and Company Order required under Section 18.10 hereof.
Appears in 2 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC)
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer or the GuarantorCompany, 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 marshalling of assets and liabilities of the Issuer or the Guarantor, as the case may be, Company referred to in Section 13.02 13.2 or under the conditions described in Section 13.0313.3 or 13.4, from making payments at any time of or on account of the principal of (and of, premium, if any) , Additional Amounts, if any or interest on the Securities or on account of the purchase or other acquisition 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 of, premium, if any) , Additional Amounts, 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 (in accordance with Section 13.6) that such payment would have been prohibited by the provisions of this Article.
Appears in 1 contract
Samples: Subordinated Indenture (Cross Equipment Company, Inc.)
Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer Company, or the any Guarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Issuer Company or the Guarantor, as the case may be, such Guarantor referred to in Section 13.02 13.03 or under the other conditions described in Section 13.02 or 13.03, from making payments at any time of or on account of the principal of (and premium, if any) ), interest or interest any Additional Amounts, if any, on the Securities or on account of the purchase or other acquisition of the SecuritiesSecurities or on account of 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) ), interest or interest any Additional Amounts, if any, on the Securities or Guarantees or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.
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Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer or the GuarantorCompany, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Issuer or the Guarantor, as the case may be, Company referred to in Section 13.02 13.03 or under the other conditions described in Section 13.02 or 13.03, from making payments at any time of or on account of the principal of (and premium, if any) ), interest or interest any Additional Amounts, if any, on the Securities or on account of the purchase or other acquisition 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 premium, if any) ), interest or interest any Additional Amounts, if any, 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.
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Payment Permitted in Certain Situations. Nothing contained in this Article 15 or elsewhere in this the Indenture or in any of the Securities of any series (or any Coupons appertaining thereto) shall prevent (a) the Issuer or the GuarantorCompany, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding- up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Issuer or the Guarantor, as the case may be, Company referred to in Section 13.02 15.2 or under the conditions described in Section 13.0315.3, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest on the Securities or on account of the purchase or other acquisition of the Securitiessuch 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 of, or premium, if any) , or interest on the Securities of such series (or any Coupons appertaining thereto) 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 15.
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Payment Permitted in Certain Situations. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer or the GuarantorCompany, 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 marshalling of assets and liabilities of the Issuer or the Guarantor, as the case may be, Company referred to in Section 13.02 1302 or under the conditions described in Section 13.031303 or 1304, from making payments at any time of or on account of the principal of (and premium, if any, on) or interest interest, if any, on the Securities Securities, or on account of the purchase or other acquisition 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 premium, if any, on) or interest interest, if any, 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 Thirteen.
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Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Issuer or the GuarantorIssuer, 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 marshalling of assets and liabilities of the Issuer or the Guarantor, as the case may be, referred to in Section 13.02 14.02 or under the conditions described in Section 13.0314.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee or the Securities Administrator 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 TrusteeTrustee or the Securities Administrator, it as applicable, if a Responsible Officer of the Trustee or the Securities Administrator, as applicable, did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.
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